It’s my first Drug Possession charge in South Florida. Will I go to jail? Drug Defense Attorney Explains

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It’s my first Drug Possession charge in South Florida. Will I go to jail? Drug Defense Attorney Explains

It’s my first drug possession charge in South Florida. Will I go to jail? Drug Crime Lawyer Explains


While no attorney can guarantee the result of any case – and you should be very wary of a criminal defense attorney that tries to promise you a certain result on your case –  it is unlikely you will go to jail for your first drug possession charge in Florida.

Whether or not you go to jail in Florida for your first drug possession charge depends on a few factors, however. For example:

  • Have you ever been in trouble with the law before?
  • What type of drug (or drugs) did you possess?
  • How much of a drug were you in possession of?

The severity of the crime makes a huge impact on whether or not you’re likely to go to jail for a first-time drug crime allegation in Florida.

For example, if you’re facing a drug charge for possessing less than 20 grams of marijuana, you’re facing a first-degree misdemeanor. This is the lowest type of criminal charge, and it is most likely that you will not be sentenced to jail even if you’re convicted of the drug crime if you have a clean criminal record.

Other drug possession charges, however, are third-degree felonies – such as heroin and cocaine possession. These crimes have possible prison sentences of up to 5 years, and because they’re felonies, it would be much harder to get a defendant a resolution of the case without prison if convicted of the crime.

In addition to the type of drug you’re found in possession of – the amount of drug also makes a difference in the possible penalties for your drug-related crime.

Let’s take marijuana, for example. Marijuana or weed is one of the least punished drugs in America, and is a lesser offense in Florida. But if you possess a large quantity of weed, you can still be looking at some serious charges – even Florida drug trafficking charges.

If you’re found in possession of more than 25 pounds of marijuana or cannabis, you will be facing a first-degree felony charge. This felony can be punished by a MINIMUM 3 year prison sentence (this means, most likely, if convicted you will spend at least 3 years in prison — there are only a few limited ways to avoid a mandatory minimum sentence if convicted of a crime). In addition to jail or prison time, you could also be hit with fines as high as $25,000.

CONCLUSION: Jail time for a first-time drug allegation is less likely, but certainly within the realm of possibility

If it’s your first run in with the law, you likely have a chance to avoid any jail or prison time if you’re convicted of a drug crime in Florida.

It depends, however, on the drug you were found in possession of as well as the amount of the drug you were found in possession of

If you’re facing a drug charge or allegation in South Florida, don’t face it alone. We offer FREE strategy sessions where we listen to your story and then explain how we would represent your case and defend you.

Give us a call to schedule a free consultation today:

It’s my first Drug Possession charge in South Florida. Will I go to jail? Drug Defense Attorney Explains
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    00:07 08 Sep 22
    In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
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    15:24 26 Aug 22
    I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
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    13:27 28 Jul 22
    Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
    Terry ChristopherTerry Christopher
    12:32 09 May 22
    I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
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    20:27 23 Mar 22
    My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
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