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Recent Marijuana Case Wins
FEDERAL MARIJUANA GROW HOUSE - All felony charges dropped
I filed a motion to suppress in a federal drug case involving two
separate grow houses for marijuana in South Florida. My client was
facing up to 160 years in prison. Federal agents and police entered
into a house just after midnight without a search warrant. The issue
was whether consent was freely and voluntarily given by a Spanish
speaking couple who did not understand English. The client was
initially charged by indictment with:
- Conspiracy to maintain a place to manufacture or distribute
marijuana, facing 20 years, $500,000 fine and 3 years supervised
release.
- Maintaining a place to manufacture or distribute
marijuana, facing 20 years, $500,000 fine and 3 years supervised
release
- Conspiracy to manufacture, distribute and dispense 100 or
more marijuana plants, 5 year minimum mandatory prison sentence, 40
year maximum, $2,000,000 fine, 5 years supervised release and last,
but not least,
- Possession with intent to manufacture, distribute,
and dispense 100 or more marijuana plants, 5 year minimum mandatory
prison sentence, 40 year maximum, $2,000,000 fine, 5 years
supervised release.
After the motion to suppress was heard, I negotiated a plea deal
for the Federal government to drop all counts (maximum of 160 years
in prison). In exchange, my client pled guilty to one count of
misdemeanor possession of marijuana with no jail time.
TRAFFICKING IN COCAINE AND MARIJUANA
- Conviction & 20 year sentence Reversed based on my special
requested jury instruction
On appeal, the client claimed that the trial court erred in
refusing to give the special jury instruction written by me, his
trial lawyer. The instruction more accurately stated the law to be
applied in his constructive possession of cocaine case.
At trial, I requested a special jury instruction on constructive
possession where the contraband (cocaine and marijuana) is found on
jointly possessed premises. The trial court denied the request and
read the jury the standard jury instruction on possession.
The Fourth District Court of Appeal (the appellate court)
determined that in cases of joint possession of the premises, the
standard jury instruction is confusing. The instruction discusses
joint possession of the article but does not discuss joint
possession of the premises upon which the article is found. Further,
the appellate court stated that The standard jury instruction does
not explain what must be proved where possession of the premises is
in joint rather than exclusive possession of the defendant. The
specially-requested instruction, unlike the standard instruction,
instructs the jury that the elements of knowledge and ability to
control may not be inferred from the mere fact of joint possession
of premises where contraband is found, but must be established by
independent proof. Therefore, in this case [Grey Tesh's requested]
special jury instruction was necessary in order to present [his]
theory of defense. (Emphasis added).
My client's conviction and sentence were reversed as a result of
the appellate courts' determination. Also, as a result of my efforts
on his behalf, in creating a special instruction, the appellate
court recommended that the standard jury instruction be modified to
include my special instruction. They said "We also recommend to the
Criminal Standard Jury Instruction Committee that it review the
standard instruction for modification in cases where an issue at
trial involves the joint possession of the premises on which
contraband is found."
Cultivation Marijuana Grow House
Trafficking
If you get caught with 25 (it used to be 300 plants before July
1, 2008) or more cannabis plants, in Florida State court, that is
prima facie evidence of intent to sell or distribute, a second
degree felony with a maximum penalty of 15 years prison and $10,000
fine. As a practical matter, in Palm Beach, Martin, St. Lucie,
Okeechobee, Broward and Dade counties, the Feds (federal government)
will charge you with growing marijuana if you grow more than 100
plants. You may also be charged in State court with the same plants.
This, ironically, does not violate double jeopardy. There are
minimum mandatory prison sentences and fines depending on the amount
of pot you are caught with.
For the purpose of this paragraph, a
plant, including, but not limited to, a seedling or cutting, is a
"cannabis plant" if it has some readily observable evidence of root
formation, such as root hairs. To determine if a piece or part of a
cannabis plant severed from the cannabis plant is itself a cannabis
plant, the severed piece or part must have some readily observable
evidence of root formation, such as root hairs. Callous tissue is
not readily observable evidence of root formation. The viability and
sex of a plant and the fact that the plant may or may not be a dead
harvested plant are not relevant in determining if the plant is a
"cannabis plant" or in the charging of an offense under this
paragraph. Upon conviction, the court shall impose the longest term
of imprisonment provided for in this paragraph.
How Grow Houses usually get Busted
Most grow house clients I represent got busted because:
- A former "friend" ratted them out to reduce their own sentence.
- The cops searched through their trash, commonly called a "trash
pull." You have no reasonable expectation of privacy in your trash.
If the cops find baggies with shake, weed, seeds or paraphernalia in
your trash, they may be able to get a search warrant.
- Their electric bills were extremely high or they stole electricity
from a neighbor.
Misdemeanor Possession of Marijuana
& Delivery of Marijuana
It is a crime in Florida to knowingly possess marijuana. The key
in Florida State court is whether the pot weighs less than 20 grams.
If it does, then the charge will be a first degree misdemeanor,
punishable by up to one year in jail and a $1,000 fine and 2 year
revocation of your driver's license. Delivery of less than 20 grams
carries the same penalty as simple possession. There are no
guarantees as to any outcome. However, most misdemeanor possession
of marijuana cases I handle end up being dropped. That means no
conviction, you keep your license, and you may be able to get your
case sealed or expunged.
Felony Possession of Marijuana
If the cannabis weighs more than 20 grams, you will probably be
charged with felony possession of marijuana. The maximum you are
facing is 5 years prison and a $5,000 fine on felony possession of
marijuana, and a 2 year driver's license suspension. However, when
retained early, I always write the filing assistant state attorney a
letter explaining the weaknesses of their case (if any) and why they
should file misdemeanor charges or no charges at all. Possession of
more than 30 grams of marijuana is a deportable offense.
Defenses to Marijuana Possession
A great criminal lawyer is your best defense to pot charges.
Defenses include whether the cops violated your rights under the
4th, 5th and 6th amendments to the Constitution. Also, the pot may
not have been found on your person. This is called constructive
possession. Constructive possession cases are much harder for the
State to prove beyond every reasonable doubt. There may be problems
with the search warrant. Your statements might be suppressed if they
were obtained in violation of your Miranda rights. You have the
right to take the case to trial and make the State prove their case
beyond a reasonable doubt. Many of my clients get their pot
possession cases dismissed.
Possession with intent to sell
Marijuana
The State of Florida sometimes charges possession with intent to
sell marijuana if the pot is individually packaged. e.g., nickel
bags, dime bags, etc. This is so even if the amount of cannabis is
less than 20 grams. Other factors the State considers: whether they
found a scale, accounting ledgers showing sales, etc.
Sale of Cannabis within 1,000 feet
of a church, school, park
It is unlawful to sell, manufacture, or deliver, or possess with
intent to sell, manufacture, or deliver cannabis (marijuana, pot,
weed, whatever you want to call it) within 1,000 feet of a child
care facility (day care), school, church, park, college, university,
church, convenience store, or public housing. One of the most common
drug sale crimes in Palm Beach county is sale within 1,000 feet of a
church. The information, or charging document, will reclassify the
sale to one level above what it normally would be. For instance, if
the allegation was sale of marijuana, the charge would go from a
third degree felony to a second degree felony. Third degree felonies
are punishable by up to 5 years prison. Second degree felonies are
punishable by up to 15 years prison.
Violation of Probation for testing
positive for Marijuana
Ahhh the pee test. Did it come up dirty? Testing positive for pot
is a very common allegation. If you are a light user, pot will show
up on a urine test for up to 5 days. If you are a chronic smoker,
pot may stay in your system about a month. You are entitled to a
final violation of probation hearing for testing positive for pot.
You are facing the maximum for whatever you were initially put on
probation for. Violations of probation are much easier for the State
to prove because the burden of proof is lower. The burden of proof
is a preponderance of evidence, which means you probably violated
your probation. This is much less than beyond a reasonable doubt,
which is the standard in substantive criminal trials.
Asset Forfeiture of Property from Pot
Charges
The Florida Contraband Forfeiture Act allows the government to
seize your property in relation to pot charges. For instance, if
they find even a joint in your car, they could seize your car and
auction it off. You are entitled to notice and a hearing. Houses
that are not protected by homestead in Florida may also be taken if
you're growing or selling weed out of the house.
If you are facing marijuana trafficking, grow house or possession
charges and need a Florida marijuana lawyer who is a member of
NORML, call me.
Contact Grey Tesh
Palm Beach Marijuana Lawyer
Marijuana Trafficking Defense Attorney
Florida Marijuana Grow House Lawyer
I represent peaceful pot smokers charged with
marijuana possession, trafficking, sale, maintaining a grow house
and other serious pot charges before state and federal criminal
courts in Miami, Fort Lauderdale, West Palm Beach, Stuart, Martin
County, Port St. Lucie, Fort Pierce, Vero Beach, Jacksonville,
Tampa, Orlando, Tallahassee, and all federal courts throughout the
United States of America.
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trafficking attorney, defenses to marijuana charges, defenses to
weed charges, defenses to pot charges, marijuana lawyers, marijuana
attorneys, norml lawyers, norml attorneys, If convicted, you have
only ten (10) days in Federal Court, as opposed to thirty (30) days
in Florida, to file a notice of appeal in a marijuana case. If you
want to appeal a marijuana conviction, you must contact a marijuana
appeals attorney immediately as time is of the essence.
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1610 Southern Blvd.
West Palm Beach, FL 33406
Board Certified
Criminal Trial Specialist
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