Motion to Dismiss Possession of Cannabis in Florida
Motion to dismiss the charge of possession of cannabis is another option. In a motion to dismiss, a criminal attorney alleges that the prosecution does not have enough evidence to sustain the charge. While such motions are very good, they are extremely rare because prosecutors will usually drop possession of marijuana in Florida charges in their own when basic evidence is lacking.
Trial for Possession of Marijuana in Florida
The last traditional option for fighting a possession of marijuana in Florida is to go to trial. Trial is an option that a criminal attorney might recommend when there is a lack of evidence, a conflict in the evidence, or credibility problems with the prosecution’s witnesses. To go to trial on a possession of marijuana in Florida, a criminal attorney must be able to either attack the prosecution’s case or present a viable defense for his/her client.
Trial begins with jury selection. During this phase, a criminal attorney will address the prospective jurors to determine their attitudes about marijuana, drugs in general, the law, and whether or not they can be fair and impartial. During this time, a criminal attorney will also address the issues present in your possession of cannabis in Florida case.
Once a jury has been selected, the prosecutor and your criminal attorney will have a chance to present opening statements to the jury. Your criminal attorney will likely lay out the issues present in your case and begin to explain why you are not guilty of possession of marijuana in Florida.
After opening statements, the prosecution will present its case. During this time, the prosecutor has the burden of proving you are guilty of possession of marijuana in Florida beyond a reasonable doubt. Once his/her case is complete, your criminal attorney will ask the judge to dismiss the case. If the prosecutor failed to present the basic evidence required to prove you were in possession of marijuana in Florida, the judge will dismiss the case.
However, this rarely happens.
Next, your criminal attorney will have the opportunity to present a defense against the possession of cannabis in Florida charge. Presenting a defense case is not required. However, if you went to trial, odds are your criminal attorney has something he/she wants to present to the jury, such as your testimony or the testimony of other witnesses, including an expert witness.
After your criminal attorney has rested his/her case against the possession of cannabis in Florida charge, the next step is closing arguments. During closing arguments, each side will have an opportunity to address the jury again. This time, instead of telling them what they evidence will show, it is time to tie things up, present a succinct argument, and bring that winning verdict home.
Once closing arguments are complete, the judge will instruct the jury in the law as it pertains to possession of marijuana in Florida and the jury will retire to deliberate. Once deliberations are complete, the jury can come back with one of three answers:
- Not guilty of possession of cannabis in Florida
- Guilty of possession of marijuana in Florida
- Deadlocked (hung jury) on possession of cannabis in Florida
If the jury comes back with a not guilty verdict on the possession of marijuana in Florida charge then the case is over and you get to go home with a win. If they come back with a guilty verdict on the possession of cannabis charge, then the next step is to proceed to sentencing. If the jury came back deadlocked on the charge of possession of marijuana in Florida, then the judge will reset the case for a second trial (“deadlocked” means they could not come to a verdict).