When a young man in Sarasota was charged with first offense drug possession for cocaine, he contacted criminal defense attorney Erika Valcarcel. The client’s main concerns revolved around a fear of losing his driver’s license since he was employed as a locksmith and needed to drive as part of his job.

As attorney Valcarcel explained, there are typically two options to deal with first-offense drug charges: drug court and a probationary sentence. While participation in drug court allows people the chance to obtain a dismissal, it also includes time-consuming and often inconvenient treatment, counseling, and follow-up appointments, which can be difficult to keep up with if you work a full-time schedule. A probationary sentence on the other hand typically involves a negotiated lighter sentence, but a conviction will still appear on your record. This is often a difficult situation for people to consider and each comes with the possibility of trouble down the road. In this man’s case, he elected probation and a withhold of adjudicated to preserve his license and his job. This included a two-year term of probation, community service, and a drug evaluation and testing requirement.

While this would be a very favorable result for someone in his position, this case was jeopardized by an additional arrest and marijuana charge that occurred before he received his sentence. When the prosecutors learned of his subsequent arrest, they wanted to pursue a 30-day jail sentence. Attorney Valcarcel vehemently defended her client and articulated that her client should be afforded a chance to undergo the treatment and evaluation options provided by probation. As a result, the man saw no additional consequences for the new charge and could move on with his life.

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