Maybe you don’t know if you can arrange for an attorney. Maybe you are ill. Maybe you are just not ready.

Attend the court date. If you desire a postponement of the date because you simply need more time, you can opt to attend and ask the judge for more time on that date. Check in with the judge’s clerk when you arrive. Tell them what case you are there for and that you would like to ask the judge for a continuance. (Refer WikiHow)

There are many reasons you might want or need to postpone, or in legal terms obtain a continuance for a  court date. If you cannot physically be present for your court date, there are two avenues to pursue to postpone the date: by obtaining permission from the court; or by agreeing to postponement with the opposing counsel. If you can be present in court but are not prepared for your case, you can appear in person on the day of the court date and ask the judge for more time. Due to differing state laws and local rules, it is always best to consult with an experienced lawyer before proceeding.

Contact the court. Call or visit the clerk’s office of the court that is handling your case and explain why you cannot attend the scheduled date. The clerk will inform you how continuances are handled in that state, county, or city. •In most cases, obtaining a continuance will need to be handled a certain number of days in advance of the court date. Contact the court as soon as you are aware you cannot attend to give yourself ample time.
•When communicating with the clerk have your court date, case number, and any other relevant information available.

Take the directed action. If the reason you cannot attend is an appropriate basis for a continuance, the court will inform you what forms or motions must be filed with the court. •The exact forms or motions that need to be filed will vary based on the state or local rules or even the rules that the judge has set for her own courtroom.[1]
•For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue. Some common reasons that form the basis of that motion are because you cannot be present because you will be out of town, in the hospital, or incarcerated. You may also file a motion to continue because you need to hire an attorney or because a key witness or piece of evidence will not be available on the scheduled day.

Confirm the continuance. After you take the necessary action, contact the court’s office again to ensure that the continuance was approved and the date was rescheduled. Do not skip the original date until you receive confirmation of cancellation of the original date and a rescheduled date.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

So you see on the news that there is an epidemic of  oxycontin and opioid use. Perhaps someone you know is driving around with a bag of pills or heroin. (Or God forbid, you are). So you are wondering what’s going to happen if they get caught in possession.

Felony possession can be charged when a person has –
Physical control of a controlled substance
Dominion over a controlled substance
Access to a controlled substance

A controlled substance can be defined as –
A prescription medication that was prescribed for someone else
An illegal drug or material or compound or substance that is listed as scheduled/controlled/restricted

Felony Possession Penalties

Each drug listed as controlled is defined by state by type and bulk amount. The type and amount of a substance, as well as intent to sell or distribute will be used to determine the punishment. Ohio’s laws are typical:

Generally, a person charged with possession of a schedule I or II drug is guilty of a 5th degree felony, however –

If the amount equals the defined bulk amount but is less than 5 times the bulk amount it is a 3rd degree felony
If the amount is more than 5 times but less than 50 the bulk amount, it is a 2nd degree felony
If the amount is more than 50 times but less than 100 times the bulk amount it is a 1st degree felony
If the amount exceeds 100 times the bulk amount, the defender is considered a major drug offender and will be sentenced to maximum prison term and possible additional prison terms.

If a person is charged with a schedule III, IV or V drug, they are guilty of 1st degree misdemeanor, however –

If the amount equals the defined bulk amount but is less than 5 times the bulk amount it is a 4th degree felony
If the amount is more than 5 times but less than 50 the bulk amount, it is a 3rd degree felony
If the amount is more than 50 times the bulk amount it is a 2nd degree felony

Marijuana, and cocaine are often listed with their own specific punishments. Generally marijuana possession is punished as –

A misdemeanor offense for less than 200 grams
A 5th degree felony for up to 1,000 grams
A 4th degree felony for up to 5,000 grams
A 3rd degree felony for up to 20,000 grams
A 2nd degree felony for anything over 20,000 grams

Cocaine possession is generally punished as –

A 4th degree felony for up to 25 grams (5 grams for crack cocaine)
A 3rd degree felony for up to 100 grams (10 grams for crack cocaine)
A 2nd degree felony for up to 500 grams (25 grams for crack cocaine)
A 1st degree felony for anything over 1,000 grams (100 grams for crack cocaine)

If you know someone who is in possession, hopefully they will get help. If they have been arrested, they should call Alexander Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.