Frequently Asked Questions: First-Time Drug Offenders
Florida has a long history with illegal drugs and those who sell them. As a result, the state prosecutes drug offenses aggressively, with even first-time offenders potentially facing jail time. If you are facing drug charges and have never been in trouble with the law before, it is all too easy to panic – but panic will not protect your rights. Enlisting a knowledgeable attorney to do so is crucial.
Will I Stay Out Of Jail?
The issue forefront in many first-time offenders’ minds is whether or not they can avoid a prison sentence, and unfortunately, the answer depends on the specific context and severity of their alleged actions. The two main factors that play a role in determining the severity of a drug offense are the nature of the drugs in question, and the amount involved. For example, a person found with minimal amounts of heroin will likely face stronger penalties than a person found with a large amount of a Schedule V drug.
That said, courts do tend to evaluate first-time offenders in a different light than someone with multiple convictions. They may be more likely to recommend alternatives to jail, such as pretrial diversion programs, or, if necessary, addiction treatment. While it is still possible for first-time offenders to be jailed if their offense warrants it, courts tend to see many first-timers as having made a mistake, rather than being hardened criminals.
Does Pretrial Diversion/Probation Count As A Conviction?
Another common question asked by first-time defendants is whether they will still have a criminal record if they accept an alternative to jail. The answer is that in most pretrial diversion programs like drug court, the ultimate goal is for the defendant to complete the program, after which all charges will be dropped. In some cases, an attorney may be able to get their client’s adjudication withheld, meaning that no conviction will be entered (at least temporarily). If a person does not complete the program, however, their charges will be reinstated and prosecuted with vigor.
What Happens If I Am Convicted?
If a person cannot manage to negotiate an alternative to jail, they will not only receive jail time at sentencing; rather, they will also potentially have to face long-term consequences. For example, potential employers or landlords can disqualify a person based on drug convictions on their record. If you are a student, you may also be ineligible for certain grants or other types of financial aid if you have been convicted of a drug offense.
Contact A West Palm Beach Drug Offenses Attorney
No one wants to be in trouble with the law. If you have been charged with a drug crime and have never faced legal issues before, this situation can feel intimidating or even overwhelming. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help ensure your rights are protected in court.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.03.html
