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Felony Marijuana Possession Put a Skilled and Trial-Proven Attorney in Your Corner

Felony Marijuana Possession Lawyer in Miami

Also Fighting for Lawful Treatment in Fort Lauderdale

Possession of more than 20 grams of cannabis in Florida is a felony offense, and the consequences can have severe long-term consequences for alleged offenders. In addition to lengthy prison sentences and enormous fines, people can experience numerous hardships relating to employment and public benefits, as well as the loss of certain basic rights. Alleged offenders need to explore all of their legal options in order to ensure that they can achieve the most favorable resolutions to their cases. With decades of experience, Evan Hoffman is the Miami felony marijuana possession lawyer you want on your side.

Call The Hoffman Firm today at (305) 928-1669 if your case is in Miami, 954-737-3004 if your case is in Broward County, or contact us online to learn more about how we can help you.

Penalties for a Conviction

Possession in these cases may be actual or constructive. Actual possession is when an alleged offender has marijuana in his or her hands, on his or her person, in a container in his or her possession, or the cannabis is so close as to be within ready reach and under his or her control. Constructive possession involves the alleged offender being aware of the presence of marijuana that is in a place over which he or she has control.

The statutory maximums of a sentence for a third degree felony include:

  • Up to 5 years in prison
  • Fine of up to $5,000
  • 1-year revocation of driver’s license

It is important to note that felony possession of marijuana becomes the crime of drug trafficking when an alleged offender possesses more than 25 pounds of cannabis.

Defending against the Charges

An arrest for marijuana possession is not the same as a conviction. The prosecutor still needs to prove an alleged offender’s guilt beyond a reasonable doubt, and there may be several defenses that a lawyer can raise.

Some common defenses in felony cannabis possession cases can include:

  • Illegal Search and Seizure — The Fourth Amendment of the United States Constitution provides the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. If law enforcement discovered marijuana after an illegal stop of your motor vehicle or an illegal search of your property, the evidence may be suppressed and the criminal charges will typically be dismissed.
  • Unknowing Possession — The Florida Standard Jury Instructions for possession of a controlled substance offenses require the State to prove that an alleged offender knew of the presence of the controlled substance. If a person who was arrested for felony cannabis possession did not know that another party had left or was storing marijuana in the alleged offender’s motor vehicle or other property, the alleged offender may be able to invoke the affirmative defense of unwitting possession.
  • Medical Necessity — While Florida has enacted certain medical marijuana laws, the acts have been largely limited. Some Florida courts have recognized use of the medical necessity defense in cannabis possession cases, and an alleged offender may be able use necessity as a defense if he or she can prove that his or her medical danger or emergency created a “real, imminent, and impending” harm that threatened the alleged offender. This defense can be successful when it can be proven that the harm the alleged offender needed the cannabis to avoid outweighed the harm caused by possessing marijuana.

Now is the time to work on your defense strategy. The Hoffman Firm can help.

We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
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Record Of Success

Aggressive Traffic Ticket Defense
  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to convince the State Attorney’s Office to drop all charges.

  • Charges Dropped Felony Possession of a Firearm

    Our client was arrested for possession of a firearm by a convicted felon and grand theft of a firearm.

  • Not Guilty Felony Sexual Battery

    Client was arrested for sexual battery and case went to trial. In less than 30 minutes the verdict was not guilty.

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