Should I take MIP (Misdemeanor Intervention)?

There are three ways to have criminal charges dismissed: (1) a not guilty verdict after trial; (2) a nolle prosequi (i.e. the state attorney decides not to prosecute the case); or (3) a dismissal after completing a diversion program. Hillsborough, Pinellas, and Pasco counties offer diversion programs for first-time offenders. The Pretrial Intervention Program is available for most third degree felony charges, while the Misdemeanor Intervention Program or MIP is offered to misdemeanor first-time offenders.  The MIP requirements vary by offense but will generally involve taking a class, paying fines, and completing community service hours and supervision. MIP generally takes six (6) months, but may be submitted for early termination after ninety (90) days upon completion of all conditions of the agreement. Once the program is completed, the State Attorney will drop the case. This allows the defendant to avoid a conviction and a potentially damaging criminal record. For many, this program is the best option. There are, however, some things about MIP most people are not told before enrolling.

Requirements

First, to start the process, you must complete and submit an application and wait for a representative of the Salvation Army to contact you to schedule a meeting. The terms and conditions are discussed at this meeting. 

Second, once accepted into the program, you will have to agree to supervision which requires you to: 

1. Keep the Misdemeanor Intervention Program Supervisor advised of your current address, place of employment, and/or educational institution (where you also grant the supervisor permission to visit);
2. Be completely law abiding during the term of this Agreement; and
3. Submit to any psychological, drug, alcohol or any other examination or evaluation ordered.

Additionally, various special conditions may be imposed for certain offenses such as possession of marijuana (drug evaluation), or battery (anger management).

Third, you will also incur costs while going through the program. Common costs are:

application fee - $20

cost of prosecution fee - $50

cost of investigation - $75

donation to the Victims’ Assistance Fund - $75

cost of investigation - $70 and

cost of supervision - approximately $350

Alternatives

If you are innocent of the charge, if evidence was gathered illegally, or if the prosecutor has insufficient evidence - then it may be in your best interest to pursue another route, such as filing an appropriate motion or taking the case to trial. If the time to complete the program is a deterrent, you may ask your attorney to pursue a "withhold and court costs." The case can end after one hearing with no probation or jail, although it does require a plea be entered before the judge. 

It is very important to thoroughly discuss your options with a lawyer as you may face up to 60 days in jail or 6 months of probation after rejecting MIP. If you or someone you know has been charged with their first offense, call Jhenerr Hines at 813-815-0291.

Happy 4/20 Tampa!

In March, Mayor Bob Buckhorn signed a measure into law that prevents people found with small amounts of marijuana, specifically 20 grams or less, from being put in jail. Instead, those found with these amounts will pay a citation, similar to getting a traffic ticket.

 

 

First time offenders pay a $75 ticket, second time offenders will be squeezed to the tune of $150. For third time offenders, a fine of $300, and for four or more times, $450. How much is 20 grams? Roughly three-quarters of an ounce, of marijuana.

This picture was so funny I had to share, but happy 4/20! Blaze responsibility!

Immigration: The Form I-485 Green Card Application

Applying for a green card (permanent residence) from within the United States, by filling out Form I-485 is a process called 'adjustment of status.' In a perfect scenario, your application will be accepted, you will receive a biometrics appointment to submit fingerprints, and shortly after, you will have an interview where your green card (granting permanent residence) is approved on the spot! Unfortunately, things don’t always go this way.

 

A green card may be denied for various reasons. Some examples are drug abuse, failure to get vaccinations, criminal background, lack of immigration status due to illegal entry, or missing  appointments with USCIS. If you make mistakes while filling out your I-485 form, USCIS is unlikely to issue a denial without giving you an opportunity to make corrections. However, mistakes will undoubtedly make the process longer and more difficult than it needs to be. 

Here’s a plan for filling out the application.

1. Make sure you qualify at the time of filing. The USCIS website has resources regarding all the steps applicable to your situation whether your sponsorship is by marriage, employment etc
2. Read the Form I-485 instructions before filling out your application. Pay attention to details like what color ink is allowed or the placing of the picture you must submit. Also, make a note of any questions you need to find the answer to, such ask questions about your parents. Get the answers before filling out the application.
3. Make a list of the supporting documents you will submit. Try to gather them first as this step may take some time.
4. Fill out the application with the instructions at hand. If you are confused by a question after reading the instructions, call USCIS or a lawyer. Sign the application only after all the answers are complete.
5. Make a complete copy of your application and supporting documents for your own records.
6. Ensure that you are sending it to the correct processing center by using the table provided by USCIS. Also ensure all the contents are inside before sealing the envelope.

Sometimes, even after taking great care to submit a complete and correct application, people make mistakes. If USCIS requests additional information or documents. Be sure to respond promptly. However, if your application is denied. Your best bet is to hire a lawyer. Call 813-815-0291 to talk to a professional to help you through the process.

Cannabis/ Marijuana and Paraphernilia Possession

Despite the nationwide trend to decriminalize the possession of marijuana, Florida still has some of the toughest possession laws in the country. In Florida, marijuana is classified as a Schedule I controlled substance and there is no accepted medical use. The seriousness of charge you face depends on the amount of marijuana you are accused of possessing. For example, with less than 20 grams you will be charged with a misdemeanor and face up to 1 year in jail and $1,000 in fines. With more than 20 grams you face a felony and up to 5 years in prison and $5,000 in fines. Your driver's license will also be revoked upon conviction and you can become ineligible for some government employment and government assistance.

Proving Possession of Cannabis/ Marijuana

For a conviction, the prosecutor has to prove three elements: 

1. The defendant possessed a certain substance;
2. The substance was cannabis and
3. The defendant had knowledge of the presence of the substance.

Note that the State is not required to prove that the defendant knew the substance he/she possessed was cannabis i.e. it's illegal nature. However, the lack of knowledge of the illegal/illicit nature of the substance is an affirmative defense that your attorney can raise. Also, Florida’s criminal drug laws do not take into account whether the drugs actually belonged to you or another person. Possession can be shown where:

1. An individual has an illegal drug on their person. This is called active possession.
2. A person has knowledge of the item and the ability to access the item. This concept is commonly referred to as having exercised “dominion and control” or constructive possession.

It is also illegal in Florida to possess drug paraphernalia. This includes objects store or use marijuana.

Defenses to Possession of Cannabis/ Marijuana

There are two major ways to fight a marijuana charge. The first is to attack the search or seizure that led to the discovery of the marijuana. If the stop or search was illegal it may lead to the evidence gained from that search becoming inadmissible in court. An attorney may argue:

• Police lacked probable cause or reasonable suspicion to conduct a traffic stop;
• Police lacked probable cause or reasonable suspicion to detain or arrest a defendant;
• Cannabis or marijuana was not in “plain view;”
• Invalid search warrant;
• Invalid execution of a search warrant;
• Invalid consent to a search;
• Unlawful “pat down,” or “Terry” search;
• Exceeding the scope of consent;
• Miranda violations;
• Violations of right to counsel;
• Evidence tampering or destruction of evidence;
• Any other illegal police activity

The second way is to attack the State’s evidence or to provide factual and affirmative defenses. These are more fact specific, but may include lack of knowledge, chain of custody or entrapment defenses. Even if a defendant made admissions to police, a lawyer can still help him/her avoid conviction through negotiating with the prosecution. If you or someone you know has been charged with possession of marijuana, call Jhenerr Hines at 813-815-0291.

Arrest and Bond

The consequences of a conviction in Florida can be life-changing. Even first time arrests can result in jail, prison, fines, criminal record, job loss, and deportation. The most important thing to do is get a lawyer who can start working to minimize the damage right away.

Arrests

If you or someone you know has been arrested in Hillsborough or Pinellas County, you should speak to a criminal defense lawyer as soon as possible. Many defendants will talk to the police after being arrested hoping they will get a better result if they explain. This is a common mistake. The job of a police officer is to make arrests and gather evidence against you! 

On some misdemeanors a police officer may provide a person with a “Notice to Appear” which will have a court date and time on it. In such instances you will be required to appear in court at that date and time. If you do not, a warrant could be issued for your arrest. A “Notice to Appear” is considered an arrest although you are not taken to jail, and the legal process begins.

If a person is taken to jail, getting them out may take some time, even for a minor charge. Be patient. If the arrest just happened, the process to get him/her out can start when he/she is booked in the jail and assigned a jail number. During booking, the person is fingerprinted, photographed, and asked basic questions to establish who they are. Once the jail number is a assigned a standard bond will be set unless he is nonbondable.

Bail Bond Process

If the defendant is eligible for a bond, you can immediately pay the listed bond amount directly to the jail or contact a bail bondsman.  A bail bondsman will post a bond on your behalf and will usually charge a 10%.  You may have provide collateral for the full bond, with the collateral sometimes being cash if the defendant resides outside the jurisdiction.

Alternatively, the defendant could go in front of a judge.  Every arrestee is entitled to a probable cause hearing within 24/48 hours of arrest.  At this hearing, the judge will review the arrest affidavit.  The bond can possibly lowered at this hearing or the defendant can be allowed out without a monetary deposit (pretrial release or ROR).  The defendant is entitled to counsel at this hearing and a prosecutor will be present.

 

A person may not get bond right away if:

• The charge is considered so serious that it does not qualify for bond.
• The defendant was on felony probation at the time of arrest.
• The person has an immigration hold.
• There is an out-of-state/county fugitive warrant.

If the defendant has no bond, a bond hearing will be set to determine if there will be a bond, and what the bond may be. A court may deny bond if it finds that the defendant will harm himself or others; the defendant may be a flight risk; or bond money may have come from criminal actions.

The sooner you speak with an attorney, the better your chances of beating your case. Tampa Criminal Defense Attorney Jhenerr Hines can be reached at  813-815-0291.

• Free consultation
• High Quality Representation
• Flexible Payment