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Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12750
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Can I be charged with manufacturing marijuana if when the police

Resolved Question:

Can I be charged with manufacturing marijuana if when the police came nothing was being grown? They may have pictures from previous partner.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

What state is this in?

Customer: Yes,NC
Alex Esquire :

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?

Customer: Sure. The police came to my house because my partner got in trouble and then turned me in . There was nothing being grown when the police came but I did have lights and equipment.
Customer: I was charged with manufacturing and maintaining a dwelling
Alex Esquire :

Thank you for this clarification.

Alex Esquire :

Well, that kind of answers your question, since you already had been charged with the crime or manufacturing marijuana.

Alex Esquire :

How long ago did this arrest take place?

Customer: 2 months
Customer: I guess my question should have been convicted not charged
Alex Esquire :

Do you know what evidence the DA has against you, aside from your ex-partner being a key witness?

Customer: Not besides the equipment they took from my house
Alex Esquire :

Did you retain an experienced local criminal defense attorney to represent you in this case?

Customer: Yes
Alex Esquire :

What is your local attorney's take on this?

Customer: Doesn't really know until he gets discovery
Alex Esquire :

Well, that is really the key point here, to know what DA has against you.

Alex Esquire :

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.

Customer: But without being caught in the act is it still possible to be convicted of felony manufacturing?
Alex Esquire :

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.

Alex Esquire :

Absolutely.

Alex Esquire :

Most people are not caught actually while they are manufacturing drugs.

Alex Esquire :

Think about this.

Alex Esquire :

In the case of murder, how many defendants are actually caught while they are committing the act?

Customer: So what about my partner ? Would he not be charged?
Alex Esquire :

The case has to be proven beyond a reasonable doubt by evidence.

Alex Esquire :

I do not know that.

Alex Esquire :

It depends on the situation.

Alex Esquire :

Was he caught and arrested and decided to turn you in, in order to make a better deal for himself?

Customer: Does it sound like that has been done ? Would you recommend taking this to trial?
Alex Esquire :

Do you know for a fact if your ex-partner was ever arrested of charged with the crime?

Customer: So, do you think they have done that? Would you recommend taking this to trial?
Alex Esquire :

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.

Alex Esquire :

Do you have any prior criminal convictions?

Alex Esquire :

Do you know the exact criminal charge that you are facing?

Customer: He was arrested for a separate felony b&e and larceny
Alex Esquire :

what amount of pot are you accused of cultivating?

Customer: Yes, that's the bad thing. If they choose to go back to 91 I could be habitual. But have been clean for 10years
Alex Esquire :

What is the amount of marijuana you are accused of cultivating?

Customer: Not really specific amount maybe an ounce or two
Alex Esquire :

so less than 10lbs? correct?

Customer: Definitely.no where near 1lb
Alex Esquire :

Unfortunately, conviction of this felony charge does carry up to 5 years in prison and a fine of up to $5000

Alex Esquire :

plus court costs and fees

Alex Esquire :

Were you offered any type of a plea deal yet?

Customer: Is this not a class I felony?
Customer: No,still in district.
Customer: In your opinion do you think a plea will be offered with no active jail time
Alex Esquire :

Was the crime charged as a class I felony? Do you know this for sure?

Alex Esquire :

The reason it is unclear, is because there is no clear indication of the amount of marijuana you are charged with cultivating.

Customer: That is what my attorney says
Alex Esquire :

Well, if it is a class I felony, than you would be looking to 3-12 months sentence upon conviction.

Alex Esquire :

It is possible for your local attorney to negotiate a plea deal with no jail time and a fine and probation.

Customer: I'm pretty sure everyone agrees it was a small operation for personal use
Alex Esquire :

Are you already a convicted felon?

Alex Esquire :

Unfortunately, prior criminal convictions would also be calculated into the sentencing.

Customer: Yes,as I stated if they go back to 91 I could be considered habitual
Alex Esquire :

they can go back

Customer: I have been clean about 10 years
Alex Esquire :

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.

Customer: In your experience do you think they would push for habitual status?
Alex Esquire :

they could, but given the fact that your last conviction took place in 1991, it is not likely

Customer: 91 was my first my last was in 2004
Alex Esquire :

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.

Alex Esquire :

Well, still almost 10 years

Customer: Correct
Alex Esquire :

The prosecutor might threaten you with habitual status to simply force you into taking a plea.

Customer: So,if offered a plea that keeps me out of jail would you take it opposed to going to trial?
Alex Esquire :

It is a personal decision.

Alex Esquire :

But at this point, the most crucial information is contained in the discovery, which your attorney has not yet received.

Customer: Your personal opinion ?
Alex Esquire :

So the answer would really depend on the discovery.

Alex Esquire :

I can't provide you with a legal opinion, but can give you a general answer.

Alex Esquire :

In most cases it would make sense to accept a plea in order to avoid potential jail time if convicted at trial.

Customer: Thanks for you're help you've answered all my questions and have somewhat eased my mind
Alex Esquire :

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.

Alex Esquire :

Does that make sense?

Customer: Yes
Alex Esquire :

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Customer: I definitely will
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12750
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 6 other Criminal Law Specialists are ready to help you

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