Florida Drug Crimes Legal Questions

I would have to get more detail from you, but generally the fourth amendment regarding search and seizure allows search of a vehicle without a warrant if the officer has probablc cause of a crime.  Usually the smell of marijuana by an experienced officer coming from a vehicle will allow the officer to search the vehicle. There are exceptions. I guess the real question is whether you were arrested for something or you are inquiring about searches in general or considering a law suit.  You should contact a drug defense criminal attorney and go over your specific situation with him or her. this is jus a general answer.  He or she needs to talk with you about the reasons for the initial stop and  specifics of what happened after you stopped.     ... Read More

The answer is probably.  If you do not have a lawyer it is possible that you could get adjudicated guilty of the offense which would result in a permanent criminal conviction and a driver's license suspension.  If you have no priors there may be other alternatives that can result in no conviction or a dismissal.  I would talk with an attorney in your area to see what your particular situation is.  Most criminal defense attorneys provide a free initial consultation.   I would do it.    ... Read More

The answer is it depends.  It depends on the county and the Judge.  Some Judges will allow a plea in absentia even on  cases where there is an outstanding warrant, others will not, and sometimes it depends on why the warrant was issued.  By this I mean if it was a first court appearance and you moved or it was your third failure to appear.  You should contact a criminal defense attorney in the county where the warrant was filed and see what may be available.  In Pinellas county you will probably be able to handle it without returning as long as the sentence does not involve jail.... Read More

It really depends on your Judge and your prosecutor.  You should talk to a criminal defense attorney in your county.  I would think that you can still get a withhold of adjudication which would allow you to keep driving and not get a suspension.  An adjudication causes a one year suspension. ... Read More

Unless your charge was dismissed, you cannot get expunged unless it was sealed for 10 years.   For information on the procedure go the the website of the  FDLE (Florida Department of Law Enforcement). If you are still unable to understand and complete the process, then you should hire an attorney.   Legal matters are often complicated. That is why an attorney has to attend 3 years of law school after attending 4 years of college. Then the lawyer has to pass the Bar exam. This is a very time consuming and expensive process.   "A lawyer's time and advice is his stock and trade." Abrham Lincoln said that.   In other words, a lawyer works by performing services and advising clients. If lawyers were to answer all questions by explaining the methods and providing all the documents, then the lawyer would have no income and would use all his time for free.   Like you, the lawyer must earn an income to support him and his family. Like you the lawyer does not work for free. In EXCEPTIONAL circumstances, a lawyer may perform pro bono services. This situation appears not to be an exceptional circumstance    ... Read More

There is a process called "Discovery" which provides for you to get a report. If you have an attorney you should consult with the attorney. The attorney may be utilizing the procedure to obtain the report. Or the attorney may have decided for strategic reasons not to seek a copy.   It is advisable to retain counsel in your matter as you are facing up to 5 years prison and perhaps more depending on the type of drugs and quantity.   I practice criminal defense lawyers and I am available to be retained.... Read More

It really depends on the actual charge. Generally speaking, however, you will most likely not be able to obtain Federal student loans if you are convicted of a charge of this kind (as drug sale charges usually prevent you from getting certain loans).   Additionally, if your case is still pending, then you may have bigger issues as trafficking charges tend to result in prison sentences.  I recommend that you contact an attorney that has experience in trafficking cases in order to help defend you.   Again, the actual charge will depend on what level felony you are facing.  Without more details about the charge it is unlikely that you will get the answer you need.  Remember though, this is a public forum and you should not share any details about the case itself.  ... Read More

If you have not spoken to an experienced criminal defense attorney yet, you should do so immediately.  The amount of time that you might get varies widely depending on what county the offense took place in.  You also have an issue with the possibility of an illegal search.  Only an experienced attorney can properly advise you on an issue as serious as this.  If this took place in Charlotte, Lee, Desoto, Hendry, Sarasota, Manatee, Pinellas or Hillsborough county, feel free to contact my office to discuss it further.... Read More

I can not tell from your email if your son is under 18 but it sounds like that is the case.  If he has never been in trouble before and these are all misdemeanors most jurisdictions have juvenile diversion programs which avoid the case even getting to the prosecutors office or court and avoid a court record.  Usually you have to act quickly on these and ask the department of Juvenile justice if they have such a program and if your son can get in it.   If you are confused, they do not have that as an option,  or you can not get the answer you should contact an attorney to help you. ... Read More