Criminal Law Questions? Ask a Criminal Lawyer.
HelloMy name is XXXXX XXXXX I look forward to providing you information in this regard
Please tell me what you need to know
medical marijuana is not leagal i know...but will my health status efect outcome ? i use a walker or wheelchair now...with progressive nature of this form of this type of ms life expectancy is short. dio in 8-09
And so what can I provide for you? Do you want to know the possible penatlies or what?
You say manufacturing is the charge and so how much pot was that?
Was it all for personal use?
37 plants... 16 were less than 2 inches... yes personal.. no evidence of distribution
The possible penalty is a fine of up to $5000 and up to 5 years in prison
This is a felony offense. And so because of the amount of time that the court can impose, I suggest, it is in your best interest to at least consult with a local attorney to see what type of plea may be available for you
they said they could smell it,searched,confiscated on 1-18=13...i moved six months later then warrant was issued july 16... at time there was no arrest or contact for that duration... and never marandized...
all i can afford is public defender
Well, you don't need to have Miranda rights read, if they have all the evidence they need.
The only reason to mention you did not get Miranda rights is if you told them anything they need to get a conviction
But if they already had all they need, it would not matter.
I suggest that a PD is better than nothing since they are attorneys and dedicate their professional skills to the indigent
And so I suggest you should contact your local PD and have them negoiate a plea to a suspended sentence with probation/
is the timeline relevent ?
And use your MS as part of your defense
Even though Medical Marijuana is not legal in Florida
its reason why
they ceased cash and returned it
do they have that long to file ? 6 months
The statute of limitations is 3 years to file charges
So they have that long to file and can take even longer to actually prosecute once the charges are filed.
in my mind i will take it to jury trile unless reduced to mis
I see. Well, you have that right.
But I suggest you may be able to get it reduced
However, only a skilled local attorney is going to be able to negoiate that with you
or for you
On your behalf with the DA
to not a felony possible
It is my personal opinion that this whole War on Marijuana is so over rated and the courts and DA know it
It is possible to have it reduced to a possession charge
will amount of money to prosicute come into play
Generally it does, yes.
DA would like to settle the matter out of court reasonably so as not to have taxpayer money pay for a trial
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).