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Busted In FL - What Happens?

Discussion in 'Legal Edge' started by wildfire, Feb 7, 2009.

  1.  
    wildfire

    wildfire Active Member

    What happens to an individual who is growing under 25 plants in a home and gets busted with them? What happens if said person has a prior misdemeanor possession charge?

    Jail Time? House Arrest? Fines?

    I've searched around and seen the laws posted on NORML but still cant find a defientl answer on what actually happens to someone who is busted with under 25 plants.

    ill be bongsmilie while i wait for your excellent answers.
  2.  
    110100100

    110100100 Well-Known Member

    Depends on how much it weighed and if the feds were involved. The number of plants makes no difference they will weigh them whole (roots and all) and the weight is what they go by.

    If its under 25 LBS its [FONT=Arial, Helvetica, sans-serif]a felony and punishable by up to five years in prison and a fine of up to $5,000.

    If it's over 25 LBS it's considered trafficking and has a mandatory minimum of 3 years in prison and a fine of $25,000.

    Those are FLA's laws, if the feds get involved it's up to 5 years in prison and up to $250,000 in fines.

    If you're looking at this you best speak with a good lawyer ASAP. Make sure he's not an ex-prosecutor and has experience with these types of cases. You can try the NORML website to help find a lawyer.

    Good luck man.
    [/FONT]
  3.  
    gangjababy

    gangjababy Well-Known Member

    florida laws are harsh. They just passed harsher laws a few months ago. Look it up on the NORML website.
  4.  
    murtymaker

    murtymaker Well-Known Member

    I think he is asking if it's a first time 25 and under plant felony with a prior misdemeanor charge, will he get the harshest punishment? 5 years and fines? Or will they let him off easier, maybe no jail time? I don't know the answers to these questions but maybe someone here does!
  5.  
    gangjababy

    gangjababy Well-Known Member

    he's going to jail, florida has some of the harshest anti-weed laws in the country...
  6.  
    South Texas

    South Texas Well-Known Member

    Dude, get with the Lawyers web sites. I found that up to 5 lbs. here in TX is 2 to 10. Have somebody call one of them Drug Lawyers, ask them First, what does the charges say. Mine says 1 to 5 lbs. I'm not worried because if the law can't convict you for the shit, then, to me, I can do it legal as hell. They busted me, it will get thrown out, plus I've got a good civil suit, although I had 20 or so Ladies. If the shit was in oz. bags, the charges may be "meant to distribute. Find out what the arresting officer charged, first, & the "said" amount. PM me anytime. Chill, it's a long process.
  7.  
    South Texas

    South Texas Well-Known Member

    Lady Killing Dick Suckers, just took the above ground part, said it had to be dried to get the proper amount. If the bitches tried to add roots, that challenges the wording of the indictment itself. Does your Legislate say that a fucking root is a "controlled substance". BS. wet weed is not smokable.... If wet weed was used, I would content the pigs pissed on it prior to bagging the shit, to up the weight. If any Law Dogs are reading this, suck my dick, Bitch. Tell me about the probable cause that started the shit.
  8.  
    Kingb420

    Kingb420 Well-Known Member

    so every state weighs the whole plant? i was wondering, its a $100 ticket here for growing or poss under 100g's... is that the pot and soil too? anyone?
  9.  
    South Texas

    South Texas Well-Known Member

    Think... Every letter & word of the indictment must be proved...... dirt & roots is not mentioned in the indictment.
  10.  
    110100100

    110100100 Well-Known Member

    I know what he's asking but the only people that can answer the question with any accuracy are the prosecutor and the judge involved in the case. Even his lawyer can not tell him with 100% certainty what will happen. He can offer an educated guess but I can tell you from experience that if you get a prosecutor with a bug up his ass or a judge thats a hard ass on pot growers you're in for a rough ride.

    Yeah you keep telling yourself that man, just hope you don't end up like Tyrone Brown of Texas who served 17 years of a LIFE sentence because he tested positive for pot while he was on probation for robbing some dude of TWO BUCKS. He only did 17 years because people fought for him and he got a conditional pardon.

    Or Mark Young who is currently doing life in prison for introducing a buyer with a seller in a big pot deal. Anyone else in his position would have gotten about 20 years but because he refused to rat other people out and he had two past (relatively minor) drug related felonies the prosecutor played hardball and filed an enhancement where when found guilty he had a mandatory minimum sentence of life without parole.

    In an the article police discover world's largest marijuana plants Chris Conrad, a court-qualified cannabis expert said:

    "Cops often inflate the weight of their yield by using the fresh weight instead of the dry weight of the plants, BTW, so the most typical inflation is 400%; in other words, their alleged 10 pounds is most likely to weigh about 2.5 pounds, based on the typical cop exaggeration."

    Wildfire if your facing these charges best thing to do is talk to a good lawyer. If you're trying to figure out what could happen to someone in that situation you have to assume the max penalties and base decisions on that.
  11.  
    gorilla in th mist

    gorilla in th mist Active Member

    I live in florida and I have a case going on in sarasota county I'm being charged with principal to felony possession with the intent to sell 21 lbs of cannabis....they are offering me 6 months in county jail no probation and a court cost....I wasn't the focus of any investigation but was rounded up in a net as my lawyer puts it for being in the area (parking lot) of the sting with 2 other people ...there was a total of 4 of us arrested the guy who was the focus of their investigation who had physical possession of the 21lbs. in his car and we were in a separate car...charges where dropped against the 2 men who i was in the car with but i was still charged with this crime because of a partial middle finger print and a thumb print was found on the outside wrapping that the marijuana was packed in...2 prints total...I wasn't part of any deal but choose not to corporate with their investigation and not answer any question's..doing so i was charged....the person who was the focus of their investigation has been sentenced in this case and i just received my discover where he gave a statement that he was doing a favor for his neighbor and "believes" my friend and i were supplying his neighbor...but he's couldn't say that for certain....my lawyer was all Gun ho when i paid him but now he's telling me that it's a difficult case to argue and if i choose to take it to trail i could face up to 5 yrs. in state prison...in my heart i can't plea guilty to something i wasn't involved in and i didn't see fit to corporate with law enforce basically because it's my job to help the police....i have no felonies but do have 3 misdemeanor possession charges...at the time i was arrested i was on probation in another county for marijuana possession and was violated and served 45 days in county jail...now I'm facing 6 months if i take the plea deal or up to 5 yrs. if i go to trail and lose the case...and my lawyer who's wife is a judge don't seem as up on his game as he claimed when i paid his ass....I'm thinking if the evidence they have against me is so damning why aren't they going for prison time or jail with probation the min...?I'm going to seek a second opinion this coming week cause I'm finding it difficult that this is not a win able case because of 1 partial print and a thumb print nothing else....according to my lawyer i don't have a presentable appearance to a jury because of my long dreads and facially hair and a judge would take my previous charges as a indication that I had been involved in this deal....:wall:
  12.  
    wildfire

    wildfire Active Member

    I am not facing these charges now, i am just simply wanting to know what I am up against if i was to grow under 25 plants and get busted doing so.

    I really don't like the idea of prison and was hoping someone could tell me from past experience what has happened to them. I believe i read someone that someone with a similar case was put on house arrest.

    So if i was busted, what is the max i would face? 5 years and 5k fines? And would this be considered a blue or white collar crime? What type of jail would i go to?


    Thanks to everyone who chimed in here and thanks in advance to whomever else wants to put in their two cents.
  13.  
    Bucket head

    Bucket head Well-Known Member

    all you can do is plan for the worst and hope for the best. best of luck to you my friend...:leaf:
  14.  
    as you are

    as you are Active Member

    I live in central florida, weed here is abundant for half a year, than there is a drought... this is usually the case, most of the time cause by regulated busts on grow houses...

    Florida, i assume just because of it's large farming industry, great climate for growing, and it's access to harbors for trafficing, make it a focal point for majority or drugs...

    I hear consistantly on the news of grow houses busted in this city in that city in this neighborhood, etc.... when i smoked this was my precurser for a drought which meant for me to buy in bulk lol...

    Honestly if they feel you weren't trying to distribute they are most llikely going to give you a slap on the wrists... as long as it doesn't weigh out to too much...
  15.  
    closetgrower1990

    closetgrower1990 Active Member

    Im 18 and I have 2 plants in my parents house. They know about it and there cool. What can happen if I get caught?

    Thanks
  16.  
    closetgrower1990

    closetgrower1990 Active Member

    I live in Florida too. West Palm beach
  17.  
    southern homegrower

    southern homegrower Well-Known Member

    i would like to know how they are busting so many of these grow houses. i dont think they can use infared.so how are they doing it and how would one find out?
  18.  
    longlizard

    longlizard Well-Known Member

    The charges and the evidence can be two separate weights.
    I am sorry to say in the Florida State Statutes they list: Cannabis not, THC, which in good bud is only 20%+. So they will use the plant weight roots and all.
    Some states list in their State Statues: THC as the controlled substance. Get a good lawyer roots are not THC. The letter of the law might help.
  19.  
    longlizard

    longlizard Well-Known Member

    Lets hope your not caught, if you are it is best they "did not know" or approve of this, even if that is a lie.
  20.  
    seven0seven

    seven0seven Active Member

    Florida is the worst place for a grow. They even have special state laws against growing. If someone gets arrested, its a felony for cultivating with intent to distribute.
    Then on top of that they get another felony for owning a house with intent to grow, another adder would be the 25 plant felony, and another one if children are present. Photographs and video of grow equipment are now admissible evidence to get you down also. All those felonies would probably be pleabargained down to a single felony with more serious time than before. They arent messing around down there.

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