FIRST TIME CHARGED WITH (893.13(1)(a)(2) - POSSESSION OF MARIJUANA WITH INTENT TO SELL) COULD THERE JUST BE PROBATION?

The fact that this is your first time caught will do miminal because this is more than a simple possession. The facts of your case will dictate whether you are a candidate for probation. I recommend you hire experienced counsel. It is in your best interest. Good luck.

Yes. You may also qualify for a diversion program that, if successfully completed, would result in a dismissal of the charge. Best of luck, Tim Sullivan 727-578-0303

In Tampa, you will more likely than not end up with a probation offer, assuming this is your first offense. The trick is getting into a diversion program so that your charges can be dismissed. Speak with your attorney about the defenses to possession with intent. The State sometimes overcharges situations that should be a simple possession.

In Hillsborough County, with assistance of counsel, there is a chance you might be able to get into a diversionary program. If you complete the program successfully you should be eligible to have your record expunged. Probation is a possible resolution also. Contact an attorney for a consultation ASAP, my office offers free consultations, contact us at 813-681-8383. Sincerely, B. Elaine Jones, Esq.

It varies from county to county, and even from ASA to ASA. Personally, when I was an ASA, I would have offered probation on a charge like this, especially with no criminal history. We don't need small-time pot dealers clogging up our prison systems. That said, if the individual office is in a get-tough-on-drugs phase, it's anyone's guess. Hire an attorney to look into any offers and sort out any possible defenses.

I agree with all of my esteemed colleagues and will add that it is critical for you to start with the fact that every Defendant, prosecutor, judge and case (facts and circumstances) are unique, so even with similar charges and situations different people could very well see dfferent results. Accordingly, when I advise someone as to their possible end-game scenarios it is only after having completed a detailed analysis of that person's particular situation. That said, everyone who is sentenced in Florida (whether by plea or after a finding of guilt) is required to be sentenced pursuant to, and in compliance with, the sentencing guidelines (if you like you can Google Florida Rule of Criminal Procedure 3.992). The Sentencing Guidelines are essentially a mathematical formula which is computed by assigning a numerical value to each of the many criteria that the Legislature has determined should be analyzed before a criminal court pronounces a sentence (i.e. the current offense(s), prior history, level of victim injury, etc), adding it all up and then culminating into a sentencing computation. The "high end" of the guidelines will always be the statutory maximum for the given offense(s) and the low end is determined by the guidelines mathematics in each case. There are various safety mechanisms by which the Judge may consider certain mitigating (lessening the sentence) and aggravating (increasing the sentence) factors, but, by and large most folks fit squarely inside the permissible guidelines range. In your case, and if what you say is accurate, then your guideline range should fall into what we refer to as "NSPS", or any "non-state prison sanction" (meaning that the Judge can sentence you within a range of a low end of nothing - literally walking you out of the courtroom with only court costs - to a high end of the statuatory maximum - which in your case, a 3rd degree felony, is 5 years state prison). However, if what you say is truly accurate, then your total sentence guideline computation adds up to 16 points, and, pursuant to Florida Statute 775.082(10) the Judge MUST sentence you to some non-state prision sanction (that is to something less than 366 days of incarceration) unless written findings are entered demonstrating the reasons that the Court believes that you present a danger to the public. In practice most State Attorneys make an "offer" to resolve most of their cases cases quickly, particularly in the busier jurisdictions and especially in cases where there is no victim injury and there is no prior criminal history (such as yours), and there are also a variety of diversionary programs (which are designed to leave only a mental impression on first time offenders and resulting in a dismissal of the charge(s) upon successful completion). The quick, easy, internet answer to your question is "YES"; but you will be best advised to sit yourself down with prospective counsel (whether cout appointed or privately retained) and discuss the facts and circumstances of your case (as there just may be some factual, legal, substantive or procedural mechanism by which to attack the case and avoid any kind of sentence). Best of luck!

The short answer. Yes, it is possible, however, given your lack of a criminal record, you may wish to see if a Drug Intervention Program is a possibility. Initially, it will not be. Intent to Sell as well as Trafficking offenses are typically precluded from Drug Intervention Programs, however, since you have no prior criminal convictions (or a host of other variables), you may be able to have your charges amended down to simple possession and then you would be able to benefit from an intervention program and possibly avoid a conviction. There are a number of ways to possibly achieve this, some of which you should only discuss in the privacy of your attorney's office. You should definitely consult a local criminal defense attorney experienced in defending drug offenses.

There could be, yes. Your goal should be to get the case dismissed without probation or a PTI program. While your case is still pending, stay as far away from drugs (even weed) as possible. If you're caught in the wrong place at the wrong time, you'll be in deep doo doo.