Criminal Law Questions? Ask a Criminal Lawyer.
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What state is this in?
Can you tell me little more about the situation, so I can better understand it and will be able to provide you with the best answer?
Thank you for this clarification.
Well, that kind of answers your question, since you already had been charged with the crime or manufacturing marijuana.
How long ago did this arrest take place?
Do you know what evidence the DA has against you, aside from your ex-partner being a key witness?
Did you retain an experienced local criminal defense attorney to represent you in this case?
What is your local attorney's take on this?
Well, that is really the key point here, to know what DA has against you.
However, someone can be charged and convicted of marijuana manufacturing based on circumstantial evidence and a direct testimony of a witness (your ex-partner) and also other evidence, without the actual marijuana being found.
So to answer your question directly, a conviction is not only legally possible, but conviction in cases similar to the one you have described have been obtained quiet often.
Most people are not caught actually while they are manufacturing drugs.
Think about this.
In the case of murder, how many defendants are actually caught while they are committing the act?
The case has to be proven beyond a reasonable doubt by evidence.
I do not know that.
It depends on the situation.
Was he caught and arrested and decided to turn you in, in order to make a better deal for himself?
Do you know for a fact if your ex-partner was ever arrested of charged with the crime?
I have no way to tell whether your ex-partner was arrested or charge with any crime, but your local attorney will find out about it during the discovery.
Do you have any prior criminal convictions?
Do you know the exact criminal charge that you are facing?
what amount of pot are you accused of cultivating?
What is the amount of marijuana you are accused of cultivating?
so less than 10lbs? correct?
Unfortunately, conviction of this felony charge does carry up to 5 years in prison and a fine of up to $5000
plus court costs and fees
Were you offered any type of a plea deal yet?
Was the crime charged as a class I felony? Do you know this for sure?
The reason it is unclear, is because there is no clear indication of the amount of marijuana you are charged with cultivating.
Well, if it is a class I felony, than you would be looking to 3-12 months sentence upon conviction.
It is possible for your local attorney to negotiate a plea deal with no jail time and a fine and probation.
Are you already a convicted felon?
Unfortunately, prior criminal convictions would also be calculated into the sentencing.
they can go back
but since you already have a felony conviction, at least whether you offered a plea to a felony or misdemeanor would not make such a huge difference.
they could, but given the fact that your last conviction took place in 1991, it is not likely
Given the relatively small amount of operation and marijuana alleged to be manufactured, I think there is a good chance of reaching a decent plea deal that would allow you to stay out of jail.
Well, still almost 10 years
The prosecutor might threaten you with habitual status to simply force you into taking a plea.
It is a personal decision.
But at this point, the most crucial information is contained in the discovery, which your attorney has not yet received.
So the answer would really depend on the discovery.
I can't provide you with a legal opinion, but can give you a general answer.
In most cases it would make sense to accept a plea in order to avoid potential jail time if convicted at trial.
Especially, if you do have prior felony conviction and you are not too worried about having another felony on your record, since it would not make much of a change in your status related to certain civil rights.
Does that make sense?
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