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STAMATAKIS & THALJI, P.L . | myMJatty.com
Stamatakis & Thalji, P.L., is a leading consumer justice law firm located in the Tampa Bay area and throughout the State of Florida. Our attorneys are committed to consumers who have been arrested or wrongfully accused of Possession of Marijuana throughout the State of Florida. Unlike other firms, Stamatakis & Thalji, P.L. have dedicated their entire practice to helping consumers without hurting their pocket book. While many lawyers claim they help consumers they are usually only interested in their own bottom line. Our firm is dedicated to fighting for consumer rights against unnecessary drug enforcement laws, big government and overly zealous law enforcement. Tax payers deserve better treatment from their government. We will fight for you. Call us today and we will help you.
Our firm provides AGGRESSIVE and EXPERIENCED representation. Our lawyers are highly trained and aggressive professionals ready to fight for your rights, even if that means going to trial. Consultations are always FREE.
Why myMJatty.com?
myMJatty.com is a full service consumer justice law firm dedicated to fighting for your rights against unnecessary drug enforcement laws, big government, and overly zealous law enforcement. At our law firm you will deal with real lawyers who believe that most drug enforcement laws are unnecessary and provide society with no real benefit. Our lawyers are dedicated to making sure that your civil liberties are not trampled on. We are not just faces on an expensive color brochure telling you what you want to hear. We are real LAWYERS and believe in our jobs.
MISDEMEANOR POSSESSION
Possession of less then 20 grams of marijuana constitutes a 1st degree misdemeanor in the State of Florida.
POSSESSION OF DRUG PARAPHERNALIA
Possession of Drug Paraphernalia also constitutes a 1st degree misdemeanor in the State of Florida. Paraphernalia includes obvious items such as bongs, pipes, and bowls. However, overreaching drug enforcement laws include otherwise innocent items such as baggies, lighters, and rolling papers as potential paraphernalia. If a person is found with a joint, many police officers will charge Possession of Marijuana for the substance within the joint and Possession of Paraphernlia for the rolling paper used to wrap the joint.
MAXIMUM PUNISHMENT
A 1st degree misdemeanor is punsihable by up to 364 days in county jail.
DRIVER'S LICENSE SUSPENSION
If you are adjudicated guilty of possession of marijuana, misdemeanor or felony, in the State of Florida, the DMV will suspend your Driver's License for 2 years. Ironically, this penalty is much more sever then the penalty for 1st and some 2nd time DUI offenders.
DOES RESIDUE CONSTSITUE POSSESSION OF MARIJUANA?
Florida law allows the police and government to charge a person for possession of marijuana even in the event that only residue is discovered. Charging practices vary from county to county.
ARRESTED FOR POSSESSION: WHAT ARE MY OPTIONS?
1. Motion to Dismiss or Motion to Suppress:
a. Is yours a case of Actual or Constructive Possession?
b. Did the police have the right to “stop” you in the first place?
c. Did the police have the right to search you?
d. Did you make any statements to the police?
2. Diversion program:
a. Offered to first time offenders – misdemeanor or felony;
b. Voluntary probation;
c. Community service, random urine screens, drug evaluation and recommended treatment;
d. Successful completion typically results in the State dropping the charges.
3. Probation:
a. Misdemeanor = 6-12 months. Typically includes random urine screens and drug rehabilitation if deemed necessary.
b. Felony = varies. Probation usually starts at 18 months with the possibility of early termination.
FELONY POSSESSION
Possession of more then 20 grams of marijuana constitutes a 3rd degree felony in the State of Florida.
MAXIMUM PUNISHMENT
A 3rd degree felony is punsihable by up to 5 years in State prison.
DRIVER'S LICENSE SUSPENSION
If you are adjudicated guilty of possession of marijuana, misdemeanor or felony, in the State of Florida, the DMV will suspend your Driver's License for 2 years. Ironically, this penalty is much more sever then the penalty for 1st and some 2nd time DUI offenders.
20 GRAMS
A typical amount purchased on the street is 1 ounce or 'zip.' One ounce of marijuana is the equivalent of 28 grams. For reference, an 1/8 ounce bag equals approximately 3.5 grams.
DO THE POLICE WEIGH MARIJUANA?
Yes. Typically, the arresting officer will weigh any seized marijuana with a cheap, uncalibrated scale similar to the type readily available at your local head shop. However, if weight is an element the government must prove at trial then the marijuana must be weighed at a lab by a calibrated triple-beam. An expert lab analyst must testify to the weight in court.
DOES THE WEIGHT OF THE MARIJUANA CHANGE?
Yes. Marijuana, especially quality product, typically conatins a high water content which tends to evaporate over time. This factor may or may not be helpful to your case. If weight is an issue in your case, the delay between the intial impound of the marijuana and the time prior to its offical weighing by the lab technician may give the water time to evaporate. This will reduce the official weight of the marijuana and possibly change the outcome of your case.
HOW MUCH CONSTITUTES TRAFFICKING OF MARIJUANA?
25 lbs.
POSSESSION vs. POSSESSION W/ INTENT TO SELL
Likely the overly zealous drug enforcement laws on the books regard possession with intent to sell. The Government uses evidence of packaging, excessive weight, presence of paraphernalia (scales, ring baggies, etc) associated with distribution to upgrade a felony possession to the charge of possession with intent to sell.
MISDEMEANOR vs. FELONY: PART II
Even if the weight is less then 20 grams, the police and the Government have looked at other factors in an effort to upgrade charges to felonies. Some factors include –
1. Packaging (ring baggies?);
2. Amount of money found with marijuana;
3. Presence of scales with marijuana;
MAXIMUM PENALTIES
Possession with Intent to Sell Marijuana is also a 3rd degree felony in the State of Florida. A 3rd degree felony is punishable by up to 5 years State prison. In addition, a conviction for a drug offense 'with intent to sell' may lead to special statutory enhancements of present and future prison sentenced.
ACTUAL vs. CONSTRUCTIVE POSSESSION
The concept of Actual Possession is very simple: Actual possession is Marijuana found on a person.
CONSTRUCTIVE POSSESSION
The concept of Constructive Possession is much more complicated. Constructive possession occurs when the marijuana is not found on a person. Rather, the marijuana in question is found in another location or common area.
CONSTRUCTIVE POSSESSION: GOVERNMENT'S BURDEN OF PROOF
When charged with constructive possession, the government must prove 3 things beyond and to the exclusion of every reasonable doubt:
1. The marijuana was within the person’s dominion and control;
2. The person new of the existence of the marijuana;
3. The person knew of the illicit nature of the marijuana.
Keep in mind that the law says more then 1 person can be in possession of the marijuana at one time.
SWORN MOTION TO DISMISS
Constructive possession cases are often subject to Sworn Motions to Dismiss because they lack proof as to element number 1. The issue of dominion and control requires more evidence then the marijuana simply being within a person's reach. Items #2 & 3 are not subject to such motions to dismiss because the issue of knowledge is always left to a jury to decide.
LEGAL EXPERIENCE A MUST
Often times the police and government cure such defects in their case threw deceit and unfair play. Do not let this happen to you. Hire our experienced lawyers to make sure the government does not change the facts of your case to avoid its dismissal.
Consult with our lawyers today to determine whether or not your case is subject to a Motion to Dismiss.
CANNABIS CONCERN #1
Cannabis found in a car with multiple passengers in a common area is difficult to trace back to any single person.
CANNABIS CONCERN #2
Police often threaten to arrest everyone in the car if one person does not admit to possession. Arresting everybody does not strengthen the police case, in most cases it only serves to make the police case weaker. Only an admission to possession is useful to police.
CANNABIS CONCERN #3
Always ask to speak with an attorney immediately.
CANNABIS CONCERN #4
NEVER answer any questions from the police.
CANNABIS CONCERN #5
Never consent to a voluntary police search of your person, car, or home. Never sign any paperwork agreeing to any kind of search. Do not let the police scare or trick you into letting them search. Tell the to "GET A WARRANT!!!"
CANNABIS CONCERN #6
Immediatley ask for a lawyer. Once you tell the police you want to speak to an attorney they must cease all questions. Remember, anything you say can and will be used against you in a court of law. Don't be fooled into thinking the police are trying to help you. They are only trying to help themselves. The majority of cases have no real evidence other then a confession.
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