In the State of Florida it is a crime to possess any amount of Cannabis (marijuana). Contingent on the quantity of marijuana possessed, individuals could be charged with a misdemeanor for possession of less than 20 grams.
Melbourne Misdemeanor Marijuana Charge Lawyer
Mark Germain is experienced in criminal defense in Melbourne, Florida. He is knowledgeable in legally representing clients for misdemeanor marijuana charges. As with any drug related offense, alleged offenders run the risk of negatively affecting their employment status, military, or academic status; prohibition from attending your child’s school or recreational activities; ineligibility to have your record sealed; and if convicted a mandatory two (2) year Driver’s License suspension.
Consider hiring a Melbourne marijuana defense attorney with Germain Legal.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Possession of Marijuana / Cannabis Less than 20 grams
- First Degree Misdemeanor
- Punishable by a $1,000 fine
- Up to 12 months county imprisonment
- 2 year Driver’s License Suspension
Delivery of Marijuana / Cannabis Less than 20 grams (non-monetary exchange)
- First Degree Misdemeanor
- Punishable by a $1,000 fine
- Up to 12 months county imprisonment
- 2 year Driver’s License Suspension
Possession of Drug Paraphernalia (including bongs, roach clips, marijuana pipes, grinders, etc.)
- First Degree Misdemeanor
- Punishable by a $1,000 fine
- Up to 12 months in the county imprisonment
Actual Possession
To institute that an individual actually possessed marijuana, prosecutors must prove that marijuana was uncovered on the alleged offender. For instance, if Cannabis (marijuana) was uncovered from your pockets, the convicting prosecutor would have case of actual possession of marijuana.
Constructive Possession
Constructive possession is instituted if Cannabis (marijuana) is uncovered from a location where multiple people have access. In these circumstances, the convicting prosecutor will have a complicated time establishing that you possessed the marijuana. Florida law obligates prosecutors to comply with the law of constructive possession.
Constructive possession law obligates the prosecutor to prove distinct fundamentals prior to an conviction:
- Awareness of the marijuana’s presence;
- Familiarity that the substance was marijuana; and
- Territorial control over the marijuana.
Driver’s License Suspension
Finally, regardless of whether you are charged with a misdemeanor or a felony, your Florida driver’s license will be suspended for two years if you are adjudicated guilty by the court.
Defenses to Marijuana Possession
The Law Offices of Germain & Coulter provide two separate primary defenses strategies for our clients. Our attorneys challenge misdemeanor marijuana cases with basis of illegal search and seizure or insufficient supporting evidence.
Hire a Lawyer for Misdemeanor Possession of Marijuana in Brevard County, Florida
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
