As you may have heard, Miami-Dade County recently passed an ordinance that permits - though it does not require - police officers to issue non-criminal citations for misdemeanor possession of marijuana. In order to be eligible to receive a non-criminal citation, the offender must not be in the process of using marijuana in public and cannot be driving a car while in possession.
Now, remember that this ordinance gives officers the option to issue non-criminal tickets. They are still allowed to make arrests or issue criminal citations (Promise To Appear/PTA).
Now, in order to level the playing field, the Miami-Dade State Attorney's Office has implemented new guidelines regarding criminal marijuana possession cases.
While most marijuana possession defendants will be able to enroll in the Pretrial Diversion Program (PTD), if you have no prior criminal history and would otherwise have been eligible to receive a civil citation, the State may permit you to plead not guilty, take a sixty-day continuance, and if you remain arrest-free for those sixty days the State will dismiss.
This offer will not be available to everyone. It is important to discuss with your criminal attorney whether you would be eligible.
If you are eligible, this offer will save you time and money as there are no costs, such as PTD costs, nor any conditions, such as community service or classes.
If you have been arrested or issued a criminal citation (PTA) in Miami-Dade County for possession of marijuana, please call me to discuss your options.