Hey guys. First time poster. Long time lurker. The usual. I'm sure you guys get this plenty of times but I'm in need of ANYONE's help. I'm based out of Miami-Dade county so if there's anyone from that area, I would appreciate any kind of advise. Basically, I was arrested for the first time last Thursday. I was caught speeding in Overtown going 45 mph on a 30 mph zone. I fucked up badly by smoking a bowl shortly before the cop flashed his lights on me and pulled me over. He immediately smelled the weed so I gave him the bowl. Shortly after he decided to search my car and found a small jar with maybe about an 8th of weed. Thus began my long night in jail. I was detained around 10 p.m and got out around 11 in the morning. I was charged with a misdemeanor for cannabis possession and paraphernalia and my bond was $2,000 because each charged was a grand. BTW, he never read me my miranda rights. I'm not sure if that even matters anymore. Oh and the asshole also gave me a speeding ticket. I'm glad I'm out but since I got out... I'm not sure what would be the next step? I'm thinking that I'm going to receive something in the mail to appear in court. Never been arrested before so have no clue what's gonna happen. I'm thinking that I'm gonna have to pay a fine, possibly do community service, go to school, and be on probation. Should I get a lawyer in this situation? I'm only concerned that I might lose money in getting one if it isn't necessary. Should I get it expunge if it's a misdemeanor? You guys think it would be more expensive to get a lawyer in this case or would it be more expensive to just pay the fine and do everything the court tells me? Appreciate any kind of advise. Thank you
You shouldn't have smoked without airing the car out lol, Try to make a deal and if you are satisfied don't get a lawyer. You could first inquire with an attorney but
Lawyers can't promise results. If they are good then can tell you what typically happens and what they can do but I would try to get everything dropped loll
Get a public defender not a lawyer, you're not sueing anyone so a pd would work out just fine...there's some goodsd public defenders ouut there that just want good practice.
public defenders are lawyers. its called the bar advocate. every lawyer good or bad has to have at least 1 day a week where they are the "bar advocate" and that day they are the public defender for anyone who chooses one. Ive got my high priced lawyer to tell me certain dates hes the bar adv and i just ask the judge for a date when hes gonna be in court. its all about the DA. you can represent yourself and try to make a deal with the DA. if you dont like the deal then ask for a public defender (usually 150 bucks). its a simple charge that they get hundreds of on a daily basis. So the penalty is probly already set in stone and you just need to go to court and sign papers. im guessing 6-12 months probation with maybe random drug screenings
when i was arrested for possession i had to sign a paper confirming that they read me my Miranda rights, that was in PA i don't about Florida, but you could possibly get off if they did not follow their own laws and rules.
Most of what lawyers do is have their paralegals file and work on the paperwork (which is actually a pretty tedious process), this is usually what a majority of your money goes towards. If you have the time and inclination, you could do a lot of that on your own and save a metric butt-ton of money. It wouldn't hurt to get a consult from someone who specializes in this sort of stuff. From there, ask him/her if you think you'll need someone to represent you. Usually, as long as they're not too skeezy, they will tell you whether the case merits representation or not. They can also tell you what sort of paperwork you're going to need and will give you a rundown of what to expect (which, imho, is probably the scariest part of court). If you do chose to get a public defender, make sure you have your paperwork together before you meet him/her. It'll increase your chances exponentially to have the sentence reduced. It sounds pretty cut and dry to me but im not familiar with the law in FL. Either way! Best of luck!
There are a lot of lawyers that will give you a free consultation, get out the phone book. Also don't forget public defenders work for the state, and it's the state that wants to prosecute you....
Why is the cop an asshole for charging you with speeding when you were clearly speeding? But talk to a lawyer. See how the costs stack up and your legal options
Hire the most expensive lawyer in your area that deals with these types of issues. Money is a small price to pay.
Bro, I got possession about 4 hours north of your location. Central Fl. Try Your best to get into PTI which is pre-trial intervention. It's kind of like probation but at the end they drop your charges. Make that shit happen if it's your first time in trouble.
first rule of smoking in your car and not getting caught is to obey all traffic laws. your the asshole giving smokers a bad name. the cop pulled you over for speeding. thats your own fault
In Florida if you are convicted of possession of any amount you lose your license for 2 years. I would get a lawyer and have him win the case.
In the future smoke in your house...not in your car/public. BTW that officer is piece of shit for giving you a possession ticket. /fucktheworld
Dude, get a lawyer. You don't know what is going on, you don't know the rules of the game; they do. Let them play it and win for you.
People really need to learn what Miranda rights are, and when they need to be read. This is all shit you should've learned in high school. If you are caught red handed and no further interrogation is needed to determine your guilt in a crime, you don't ever need to be Mirandized. Any information you give up before being taken in and booked is voluntary and binding. It's best to stay silent before and after being Mirandized, if it even needs to get to that point. The only time your Miranda rights need to be read to you are after arrest and booking, but before further interrogation. Anything you say up until that point is admissible, especially if you're caught red handed like the OP was.