Legal Writing Professor
Many people are curious about the potential penalties for a First DUI Arrest in Palm Beach County, Florida. The following infographic lists the possible punishment in the case of a 1st DUI conviction, including enhanced 1st DUIs.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
“Breaking news” yesterday was that pop star Justin Bieber plead guilty to criminal charges in Miami, Florida.
Justin Bieber was charged with Driving Under the Influence, Resisting Arrest without Violence, and Driving with an Expired Driver’s License stemming from an incident in Miami Beach where Bieber and friends shut down a residential street so that they could drag race Lamborghinis. Within his plea agreement, the State Attorney’s Office reduced the DUI charge to careless driving and ordered that Bieber complete the Victim Impact Program, pay a $500 fine, attend 12 hours of anger management, and pay court costs. Bieber plead guilty to the careless driving. Bieber also plead guilty to Resisting Arrest without Violence. As for the Driving with an Expired Driver’s License charge, Bieber provided proof that he has a valid driver’s license, and as a result, the State dropped that charge.
Careless Driving is merely a moving traffic violation. However, Driving Under the Influence is a misdemeanor in the State of Florida codified under Florida Statute 316.193. A DUI conviction in the State of Florida for a first offense is punishable by up to 180 days in county jail, a fine of up to $1000, up to 12 months of probation, 6 months driver’s license suspension, 50 hours of community service, DUI school, and a 10 day vehicle immobilization.
Resisting Arrest without Violence is also a misdemeanor in Florida, found in Florida Statute 843.02, and is punishable by up to one year in county jail.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
In recent news, two roommates were arrested in Florida after an anonymous tip from Crime Stoppers led police to their apartment. When detectives arrived, they could allegedly smell a strong odor of marijuana emanating from the apartment. Based upon that, the detectives were able to detain the roommates and obtain a search warrant for the apartment. While searching the apartment, the police allegedly found pot muffins, batter, a marijuana plant, and loose marijuana, in addition to a grinder and marijuana smoking devices (presumably bongs or pipes). The roommates were arrested and charged, among other things, with possession of marijuana under 20 grams violation of Florida Statute 893.13, and possession of drug paraphernalia in violation of Florida Statute 893.145.
As rehashed (no pun intended) in my prior blogs on the issue of marijuana laws in Florida (found HERE and HERE), Florida has NOT legalized recreational marijuana use. Possession of Marijuana and Drug Paraphernalia charges are actively being prosecuted in Palm Beach County and throughout Florida. Even the new Florida Marijuana law called the “Compassionate Medical Cannabis Act,” or “Charlotte’s Web,” (which legalizes medical prescribed cannabis oil for very limited and severe medical issues), does NOT legalize edible cannabis products, such as pot cookies, weed brownies, marijuana muffins, or cannabis candy. Possession of marijuana, regardless of the form, in an amount of 20 grams or less can be charged as misdemeanor, with penalties of up to one year in county jail, fines, and a driver’s license suspension. Possession of drug paraphernalia (including, but not limited to: grinders, scales, and pipes) is also still a misdemeanor, punishable by up to one year in jail.
One last note of importance: the odor of marijuana coming from someone’s doorway is enough evidence for police to obtain a search warrant, as seen in this case. Further, the police are lawfully allowed to detain a person until the search warrant is executed in order to prevent that person from destroying the potential evidence inside the home.
Marijuana charges are serious in Florida, regardless of whether the marijuana was baked in a muffin or was still a plant. Anyone who finds themselves facing marijuana charges should contact a knowledgeable Criminal Defense attorney.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
There has been a lot of confusion in the general public regarding Florida’s marijuana laws in light of the new “Charlotte’s Web” legislation. The State of Florida has recently legalized the very limited use of medical marijuana, which must be prescribed by a doctor and must only be in the form of cannabis oil. Additionally, there is an amendment pending on Florida’s November ballot, Amendment 2, would allow for much broader medical use of marijuana. However, recreational possession and use of marijuana is still illegal in the State of Florida.
As discussed in my prior article, Marijuana in Florida, the new Florida Medical Marijuana law does not authorize the private use or growing of marijuana. The State of Florida, including the Palm Beach County State Attorney’s Office, is still heavily prosecuting marijuana crimes. Smoking marijuana and possession of marijuana are still considered first degree misdemeanors in the State of Florida under Florida Statute 893.13 and are punishable by up to 1 year in county jail if the possession was under 20 grams. Further, a conviction for marijuana possession will result in a 1-year driver’s license suspension. Possession of drug paraphernalia is also a first degree misdemeanor in the State of Florida, punishable by up to one year in county jail. That means that possession of water pipes, bongs, roach clips, and other objects used for ingesting or inhaling cannabis, hashish, and hashish oil is illegal. Florida Statute 893.145 provides the full list of unlawful drug paraphernalia.
Marijuana charges are serious, and can have severe consequences in the State of Florida. If you are facing marijuana charges, contact a knowledgeable attorney who can review your case and help guide you through the system.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
Anyone wondering the basics of the criminal process in Florida might find this infographic helpful!
While the graphic above explains the basics of the Florida Criminal Process, anyone who is arrested and facing charges should contact a Florida Criminal Defense Attorney who can review the particular case and provide a detailed explanation of the specific process relating to that case.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
Casey Reiter 