Any amount under 20 grams is a misdemeanor amount. Any amount over 20 grams
or if there is intent to sell, the charge is a felony.
If you are a
first-time offender, you may be eligible for Pretrial Diversion (PTD). Pretrial Diversion
permits you to maintain your plea of not guilty, all while agreeing to
certain conditions that, if completed, will result in the dismissal of
your charges. If you are otherwise eligible, you may then have your arrest expunged.
Pretrial Diversion (PTD) is a program that only the State Attorney's
Office can offer. The judge cannot. That means your
Miami-Dade County criminal defense attorney will have to negotiate for PTD on your behalf.
In Miami-Dade County, Pretrial Diversion is available for offenders charged
with possession of marijuana, as well as possession of drug paraphernalia
(another misdemeanor offense). In Miami-Dade, PTD is run by private companies,
either The Advocate Program, or Court Options. In Broward County, PTD
is run by the Broward Sheriff's Office.
In Miami-Dade County, it may be possible to get minimal PTD conditions.
These conditions may include completion of an online drug course (4 hours),
and $250 in payment. Of that $250, $50 is usually a donation, and $200
is the program fee.
PTD keeps a case open for 6 months, but with a little work, your criminal
lawyer may be able to get the case dismissed in 30 days time. Contact
me for more details.
In Broward, PTD is a bit more complicated, but the end result is the same:
dismissal of the charges.
I personally believe that possession of marijuana should not be a crime.
But it is, and until our legislature wises up, we must abide by the law
as it stands regardless of how we feel.
I represent clients charged with possession of marijuana in Broward and
Miami-Dade. I have been successful in getting my clients into PTD, and
then expunging their criminal records. I always offer the expungement
service when accepting a first-time offender as a client because I know
the consequences of having a criminal record.
Call me today to discuss whether PTD is an option for your case.