falsly accused of cultivation

Fish Weed said:

Sounds like you may have a good defense to the charges. The LEOs and the Court don't know you've been gone. Someone else may be growing on a portion of the property. There are too many variables to count. My advise would be gather all of the info and documentation you can that shows you haven't been at that property for months. Since the charge has been filed you are going to have to deal with it through the courts.

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Fish Weed said:

Hire a lawyer. You will have to enter a plea, then a pre-trial/preliminary hearing. This is your first chance to speak with the prosecutor to try to get the charge dropped. If not then you will have either a bench trial or a jury trial. Good luck to you, the key is going to be any and all documentation showing that you weren't living or at that property. Once you do discovery you will be able to see exactly what they are basing their case on. Hope things work out.

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Big Trees said:

The court process is a bitch and the feds have unlimited resources. My best wishes to you. If nobody was caught by the plants on the property I think you should be fine, but a lot of that plays on the judge.

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Fish Weed said:

This is true that the process is difficult, but you don't have to be caught with or tending the plants. Sounds like they found some plants and with no one caught at the plants, they are charging the property owner. This is because the owner of the property is ultimately responsible for anything that happens on that property. I think they will be ok too, as long as they can prove they haven't been at the property for several months or more. First order of business is to get the police report to find out exactly what the details are leading to the charge.

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DrRonPaul2012 said:

that's still ridiculous tho if you think about it... what if you own a huge piece of property and your a hermit? how would you ever know? this country is fucked

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Fish Weed said:

There are specific laws regarding trespassers (hermits) that would kick in. The law itself is sound, you are responsible for anything on, or happening on, your property (basically) or else everyone could just claim the Hermit Defense. Here they should be ok if they can show they weren't at the property for that time frame. Property Law is based on the idea that you are King or Queen of your property, if you want the freedoms of complete control of your property you have to also deal with situations like this (trespassers).

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