Daytona Beach Marijuana Defense Lawyer
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On July 1, 2019, Florida’s hemp law went into effect, legalizing the cultivation and sale of hemp and hemp-based products such as CBD. While marijuana is still illegal, the new legislation has made prosecuting marijuana possession extremely difficult, resulting in many state attorney’s offices throughout Florida to stop pursuing such crimes.
If you have been arrested for or charged with marijuana possession in Daytona Beach, Buckmaster & Ellzey can do our best to help you get your charges dismissed. With more than Three Decades of combined experience, our legal team understands the complexities of the new law and can build an effective and personalized defense strategy on your behalf.
How the Florida Hemp Law Affects Pending & Future Marijuana Crimes
The new law changes the definition of cannabis based on the amount of THC, which is the psychoactive component that causes a high. While anything about .03 is considered cannabis, anything below that threshold is viewed as hemp.
However, state crime lab technology, law enforcement field tests, and even narcotic detection K9s cannot determine how much THC is in a substance. Although courts have the option of sending samples to private labs, getting the results can be a costly and time-consuming process for only a misdemeanor offense.
Keep in mind, the police can still rely on circumstantial evidence to make an arrest. In addition to the odor of cannabis, officers must find other evidence of marijuana possession such as plain view of substance, red eyes, delayed reaction, slurred speech, drug paraphernalia, and any other illegal activity.
Florida Marijuana Possession Penalties
In Florida, possession of 20 grams of marijuana or less is a misdemeanor, punishable by a jail term of up to one year and a maximum $1,000 fine.
We Can Help You Today
Do not hesitate to let our Daytona Beach marijuana attorneys protect your rights and freedom. We can help you get your life back on track.
For more information about our legal services, contact us today.
At Buckmaster & Ellzey, we have the skills and experience you deserve. Get to know our team by scrolling down and select the staff you would like to learn more about.
Q: If I’ve Been Arrested, What Rights Do I Have?A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
Why Should I Hire an Attorney to Represent Me?
In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.
We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.
What Are the Differences Between a Misdemeanor and a Felony?Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
What Happens Now That I’ve Been Charged With an Offense?The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
How Are Child Support and Alimony Calculated in Florida?If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.
Well-Versed in the Legal Process and Protocols
“He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.”
They Had My Back
“Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.”
Diligently and Highly Professionally
“Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.”
Professional & Responsive
“They were knowledgeable, prompt, professional, and courteous. They took what could be a potentially confusing situation and guided me with stress-free assistance.”
Gets the Best Results
“Jeremy worked hard and smart to get only the best results. Another thing that stood out and was most appreciated was the excellent communication, by phone, email, regular mail, and in person. I always knew what was going on in a timely and efficient manner”
A Team of Compassionate Advocates on Your Side
Former State Prosecutor
40+ Years of Collective Experience