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Drug offenses, even for first-time offenders, can be treated harshly in Pinellas County. As the leading drug crimes attorneys in Clearwater, the team at The Law Office of Marc N. Pelletier may help secure alternative sentencing options to avoid traditional jail or prison sentences and heavy fines.
One option for first-time drug offenders is participation in a diversion program. Also, referred to as Pre-Trial Intervention or PTI, diversion programs are designed to provide an alternative to traditional criminal prosecution, offering a chance for rehabilitation. In Pinellas County, felony drug charges are often assigned to Drug Court for participation in Pre-Trial Intervention.
This program is designed for individuals who may have substance abuse issues and are facing felony drug possession charges or where the criminal offense was motivated by addiction. To be eligible, offenders must accept responsibility for the crime charged (although this does NOT require a formal guilty plea) and then adhere to the conditions set by the court, which can include treatment and counseling sessions, regular drug testing, and supervision by probation officers. The client must also regularly attend court hearings about every six weeks so that the Judge can monitor the status of their case and progress in treatment.
Diversion programs are also available in “regular” felony divisions for felony drug offenses. Most often, drug possession cases that are handled through Pre-Trial Intervention without being transferred to drug court involve charges where small amounts of controlled substances were discovered by law enforcement. These cases generally may include the discovery of a single prescription pill, residue, or possession of marijuana that slightly exceeds the 20 gram threshold for felony prosecution.
If diversion programs are not an option, seeking a probationary sentence that is coupled with a Withhold of Adjudication may be a viable alternative to jail time. Individuals sentenced to probation will likely be required to attend drug education or rehabilitation programs. Additionally, the withholding of adjudication allows the case to be resolved without a formal conviction. Depending on a person’s prior record, a withhold of adjudication may be eligible to seal the criminal record of arrest and prosecution once probation is finished. While probation can be an effective means of avoiding jail time and a formal conviction, it requires strict adherence to the court’s conditions. Failure to follow probation terms can lead to harsher penalties, including jail or prison time.
Every case is unique, and your Clearwater criminal defense attorney with The Law Office of Marc N. Pelletier may explore various legal defenses depending on the context of the case, including:
If law enforcement obtained evidence without a valid search warrant or probable cause, that evidence might be excluded from court, which can lead to the dismissal of charges.
In some cases, a defendant may not have been aware of the presence of drugs. For instance, if drugs were found in a vehicle or residence that the defendant had access to but did not own, your attorney could argue that you were unaware of the presence of drugs. This argument must be engaged carefully. The prosecutor’s office can often benefit from a presumption of knowledge of illegal possession of a controlled substance, where a vehicle is occupied solely by one person or where drugs are in plain view within a residence.
It is important for your attorney to closely examine how law enforcement discovered the drugs that were allegedly in your possession. Many cases arise from a traffic stop for a minor violation where the police then exceed the scope of the original basis for the stop. In other cases, law enforcement may use improper tactics or language to obtain consent for a search. Still, other cases may involve a “pat-down” search despite any facts suggesting a person was armed. If law enforcement went about the investigation unlawfully, all of the evidence gathered may be subject to exclusion. Raising such issues can often lead to a reduction in charges, a more lenient negotiated outcome, or even outright dismissal.
Being charged as a first-time drug offender in Pinellas County does not mean the end of your future. Your Pinellas criminal defense attorney with The Law Office of Marc N. Pelletier can explore options including diversion programs, probation, or advancing legal defenses for your case.
To request a complimentary case consultation with one of our Clearwater criminal defense attorneys, give us a call today at (727) 493-9386.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
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