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Can I Avoid Going to Jail for Drug Possession in FL?

Blog 2018 December Can I Avoid Going to Jail for Drug Possession in FL?
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Can I Avoid Going to Jail for Drug Possession in FL?

Posted By Law Offices of Robert Stepniak || 26-Dec-2018

A first-time drug possession charge is either a misdemeanor or a felony, depending on the type of controlled substance and the amount found upon an arrest. For example, possession of less than 20 grams of cannabis is a first-degree misdemeanor, while possession of less than 28 grams of cocaine is a third-degree felony.

Not only does a conviction of a drug crime result in a lengthy jail/prison sentence, expensive fines, and loss of driving privileges for an extended period, but also a permanent criminal record which could cause significant damage to your professional reputation and professional life.

Fortunately, there are ways to avoid serving time behind bars and even getting your charges dropped altogether.

In Florida, there are three main types of sentencing alternatives available for individuals facing drug possession charges: pretrial diversion, pretrial intervention, and drug court.

Pretrial Diversion

Run by the State Attorney’s Office, pretrial diversion is a program often reserved for first-time, nonviolent offenders who are charged with misdemeanor drug possession. In order to qualify for this program, your criminal history must be spotless.

Once you are accepted into the program, it is similar to probation. Requirements include monthly reports with a supervising officer, random drug testing, drug or alcohol counseling, community service, and avoiding further criminal activity.

Once the program is complete within the six- to 12-month period, all charges will be dropped. In addition, you will be eligible to expunge or seal the arrest for the drug possession charge.

Pretrial Intervention

While pretrial diversion and pretrial invention are both similar in nature, the latter applies to first-time felony possession offenders and those who do not have a clean criminal record.

Just like probation, you must report to the court on a consistent basis, participate in drug treatment, submit to drug testing, avoid further criminal activity, and comply with certain requirements issued by the court. There are typically more conditions you must fulfill in pretrial intervention compared to pretrial diversion; however, both programs last between six and 12 months.

Upon completion of the program, your charges will be dropped.

Drug Court

For repeat offenders who are not eligible for either pretrial diversion or pretrial invention could be referred to drug court by the State Attorney’s Office. Although both misdemeanor and felony drug possession charges are generally eligible, drug distribution and trafficking cases are not.

At the start of the process, you must enter a plea bargain which details the amount of time you will spend in jail/prison if you fail to complete the program. Keep in mind, the penalties for not completing the program are more severe compared to the penalties issued after court sentencing.

The drug court program consists of the following:

  • 12-step recovery program meetings
  • Frequent random drug tests
  • Frequent visits to the court

Drug court programs often run for one year. Testing positive in drug tests during the program results in harsh sentences.

If you have been arrested for drug possession in Daytona Beach, contact our experienced criminal defense lawyer at the Law Offices of Robert Stepniak today.

Categories: Drug Crimes

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