Busted in FL
- Thread starter ftp504
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SmokyMtnToker
Member
Most judges will freak out if you claim a medical necessity defense...it is legal but rare and most judges have never seen one for a criminal defendant. IF you had a first class lawyer and complete medical records with a recommendation from a doctor ( they can recommend in any state) then you could probably get a plea deal for no time...but those pricks down there would still want a pint of your blood and make you quit using...which means if you agree to that you are basically saying that you really DON'T need the herb medically..or you could not do without it...a catch 22.
It IS legal to mount a medical necessity defense but a lawyer would have to be really good..and committed to the cause, before it would work. A jury might very well find that you made the choice you had to make ansd aquit you...the crux of the defense is that the harm caused to you by NOT using weed is far worse than the ' societal benefit' derived from busting you and keeping weed from you.
If it was totally a med grow...NO sales.. ( how DID they get you anyway?) ..then you have a chance given some good breaks and a great attorney.Medical necessity is not too hard to show; if you suffer without it and no other meds have worked, the benefit can outweigh the supposed ' good' that is done by supressing your grow.
Most jurors in this day and age can understand someone wanting relief from pain...and most people know that a private grow with no sales harms NO ONE, not even you, whom it actually helps..is not any kind of activity that hurts a neighborhood or causes anyone any harm whatsoever. truly victimless...except for you..the victim of a bad law...the cops always lay their sins on the laws and say they are just enforcing them..but they damned well selectively charge and persecute people based on factors that are not in the public interest, and we all know it.
jusy nullification is accomplished if you win...in a way...but no judge is going to allow you to tell the jury anything at all about the subject, and most judges would be furious if a defendant or a lawyer began to tell the jury that they could disregard the law and judges instructions...he would halt in in a rage right away...no doubt.
You must reach the entire jury pool, an impossibility..in order to educate them about nullification..and on most juries there will be a few squares and old drug war drones that will n ot go along...of course all you need it one vote to get a hung jury...but that means the prick p[rosecutor will just keep trying you until he gets a conviction or a plea that suits him. You want a unanaymous jury finding you innocent my medical necessity...its a hrd defense and rarely allowed or won but there are exceptions:
http://reason.com/blog/2008/03/27/successful-medical-necessity-d#comment_1449716
It can be done.
It IS legal to mount a medical necessity defense but a lawyer would have to be really good..and committed to the cause, before it would work. A jury might very well find that you made the choice you had to make ansd aquit you...the crux of the defense is that the harm caused to you by NOT using weed is far worse than the ' societal benefit' derived from busting you and keeping weed from you.
If it was totally a med grow...NO sales.. ( how DID they get you anyway?) ..then you have a chance given some good breaks and a great attorney.Medical necessity is not too hard to show; if you suffer without it and no other meds have worked, the benefit can outweigh the supposed ' good' that is done by supressing your grow.
Most jurors in this day and age can understand someone wanting relief from pain...and most people know that a private grow with no sales harms NO ONE, not even you, whom it actually helps..is not any kind of activity that hurts a neighborhood or causes anyone any harm whatsoever. truly victimless...except for you..the victim of a bad law...the cops always lay their sins on the laws and say they are just enforcing them..but they damned well selectively charge and persecute people based on factors that are not in the public interest, and we all know it.
jusy nullification is accomplished if you win...in a way...but no judge is going to allow you to tell the jury anything at all about the subject, and most judges would be furious if a defendant or a lawyer began to tell the jury that they could disregard the law and judges instructions...he would halt in in a rage right away...no doubt.
You must reach the entire jury pool, an impossibility..in order to educate them about nullification..and on most juries there will be a few squares and old drug war drones that will n ot go along...of course all you need it one vote to get a hung jury...but that means the prick p[rosecutor will just keep trying you until he gets a conviction or a plea that suits him. You want a unanaymous jury finding you innocent my medical necessity...its a hrd defense and rarely allowed or won but there are exceptions:
http://reason.com/blog/2008/03/27/successful-medical-necessity-d#comment_1449716
It can be done.
Okay guys "my friends" were leavin my place and lit one up in the car in my driveway while leaving, neighbor saw them and apparently smelled it and told the popo apparently that she smelled it from my house, but thats imposssible i keeep carbon filters in our smoking room and 2 in the bathroom, i have the window covered/ boarded and it has the glass that u cant see in like most bathrooms(soo it looks completely normal from outside) also no light leaks because of the extensive covering over it... thats all i know as of now. My friends should know better i told them never smoke outside my house etc etc, And yes i try to stay as stealth as possible buying from the same dude they do. But i guess my noisy neighbor had sumthing to do with it... my friend admitted to me lighting up in my driveway 
a big no no in a non med state let alone its illegal... makes me soo madd at him.... Thou one of my best friendds dads is a high up officer so i dont think im looking at anythning serious because of him/ my lawyer. He specifacclly knows about my condition and how i went from 150+ to down to in the 120's and im 6'0 so i look reallly skinny. He is very sympthetic to med userrs and knows i use for that purpose. He was my bball coah all thru hs and i culda played college if not for my abdominal condition.... Im supoosed to hear from my laywer / friends dad by friday soo i guess my friend who lit up w/o my permission outside my house got caught by my neighbor which then she reported the smell comming from my house which i beleieve led to the restt..... more to come but THANNKS soo much for all the support guys!! really do appreciate it. First thing i do after this is over is move to a med state....
a big no no in a non med state let alone its illegal... makes me soo madd at him.... Thou one of my best friendds dads is a high up officer so i dont think im looking at anythning serious because of him/ my lawyer. He specifacclly knows about my condition and how i went from 150+ to down to in the 120's and im 6'0 so i look reallly skinny. He is very sympthetic to med userrs and knows i use for that purpose. He was my bball coah all thru hs and i culda played college if not for my abdominal condition.... Im supoosed to hear from my laywer / friends dad by friday soo i guess my friend who lit up w/o my permission outside my house got caught by my neighbor which then she reported the smell comming from my house which i beleieve led to the restt..... more to come but THANNKS soo much for all the support guys!! really do appreciate it. First thing i do after this is over is move to a med state....Let me be more clear also my friends dad did not know i smoked b4 this happened only a select group of friends as i do not have many.. tho seing as what my "friend" did in my driveway there is no telling what he told other people about him or even me n my other friends smoking... No one knew about the grew besides me. thats it no one ever saw it i kept it in a spare room which had a spare bathroom which that bathroom i kept locked with a key, i replaced every single lock when i moved in and even bedroom locks, never gave out any either...
G
Guest 18340
royboy555 is correct again, you cannot use heat detection and THEN get a warrant. It's the other way around, a cop needs to get a warrant in order to use the device. No driving around randomly pointing it at houses.
The law is very clear on ones reasonable right to privacy in their own home. IR is not the same as an open window.
It is almost impossible to beat a cultivation charge in Florida UNLESS they somehow skirted the law in investigating you and/or obtaining a warrant, and how strong or weak the evidence is and the manner in which it was obtained.
For instance, did you let the cops in to the house voluntarily? Or did they come with a search warrant?
Someone sparking up a fat one while leaving my house, especially if its not me who is sparking up while leaving my own house, is not enough to obtain a warrant on the suspicion of cultivation. Theirs gotta be more to this story...
But either way, theirs no magic bullet here. You can argue ANYTHING to a jury, including medical, but when you're finished the prosecutor is simply going to say that the state of Florida, under the law, does not recognize the use of MJ for any medical purposes and because of that the defendants argument of medical use is not a valid defense so under the law you must find him guilty of cultivation.
Ill start taking bets now...
Btw, did you catch the Pot Priest case on tv here in florida last week? His defense was that it was for religious purposes. He even wore a priest outfit while on the witness stand. Yeah, they found him guilty. Fuckin idiot...
The law is very clear on ones reasonable right to privacy in their own home. IR is not the same as an open window.
It is almost impossible to beat a cultivation charge in Florida UNLESS they somehow skirted the law in investigating you and/or obtaining a warrant, and how strong or weak the evidence is and the manner in which it was obtained.
For instance, did you let the cops in to the house voluntarily? Or did they come with a search warrant?
Someone sparking up a fat one while leaving my house, especially if its not me who is sparking up while leaving my own house, is not enough to obtain a warrant on the suspicion of cultivation. Theirs gotta be more to this story...
But either way, theirs no magic bullet here. You can argue ANYTHING to a jury, including medical, but when you're finished the prosecutor is simply going to say that the state of Florida, under the law, does not recognize the use of MJ for any medical purposes and because of that the defendants argument of medical use is not a valid defense so under the law you must find him guilty of cultivation.
Ill start taking bets now...
Btw, did you catch the Pot Priest case on tv here in florida last week? His defense was that it was for religious purposes. He even wore a priest outfit while on the witness stand. Yeah, they found him guilty. Fuckin idiot...
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ftp
good luck sounds like you are doing the right things.
I get so pissed off when I read a story like yours (second one in a couple of months). You do everything right even buying good weed to hide the fact you grow good weed. I don't even do that. What in the fuck are you suppose to do smoke it in the closest by yourself!!
The only thing I do different and I know this is a little too late is never smoke in your house. I too used to but that one summer day windows were open and my neighbors had company over and the wind was just right and I heard, "Hey I smell weed"
That ended it for me now when I smoke its not at my house. Too many things can and will go wrong its just life. Let them go wrong where your home is not invloved. Get caught smoking weed outside the bar they dont search your house.
Good luck again
PEACE
good luck sounds like you are doing the right things.
I get so pissed off when I read a story like yours (second one in a couple of months). You do everything right even buying good weed to hide the fact you grow good weed. I don't even do that. What in the fuck are you suppose to do smoke it in the closest by yourself!!
The only thing I do different and I know this is a little too late is never smoke in your house. I too used to but that one summer day windows were open and my neighbors had company over and the wind was just right and I heard, "Hey I smell weed"
That ended it for me now when I smoke its not at my house. Too many things can and will go wrong its just life. Let them go wrong where your home is not invloved. Get caught smoking weed outside the bar they dont search your house.
Good luck again
PEACE
WE IN FLORIDA HAVE SUCH A WIDE SPREADING EPIDEMIC OF PRESCRIPTION DRUGS AND YOUNG PEOPLE USING THEM AND DYING. WHAT THE F--K IS REALLY GOING ON! CANT THE PEOPLE OF FLORIDA ELECT THE RIGHT CONGRESSMEN IN ORDER TO GET POT LEGAL HERE? THATS THE REAL ISSUE . POT WONT BE LEGAL HERE BY TRYING TO PROTEST OR GET THE ISSUE ON A BALLOT. YOU HAVE TO GET PEOPLE INTO OFFICE THAT SEE OUR POINT OF VIEWS .
Wow, good luck man hope it all works out for you. I believe in your state they have an allowable & standard diversion program for first time drug offenders charged with a 3rd degree felony that allows them to have charges deferred and you do drug classes & community service, etc. and if you don't screw up then all is dropped eventually and you keep a clean record.
Sucks that you did everything right but still got fucked.
I disagree with online ordering being a problem. Growing plants indoors is a big hobby and I've ordered and sold plenty of equipment online for myself and friends over the years with no problems.
If your delivery man asks "what all this stuff is for?" tell him/her to Fuck Off.
I disagree with online ordering being a problem. Growing plants indoors is a big hobby and I've ordered and sold plenty of equipment online for myself and friends over the years with no problems.
If your delivery man asks "what all this stuff is for?" tell him/her to Fuck Off.
SmokyMtnToker
Member
I still have not heard what the warrant says....what does it say? There must be probable cause, not a hunch or suspicion, and that means evidence. They cannot get a legally sufficient warrant based on a phone call about a smell. They must investigate and get facts that would convince a reasonable person that a crime had been or was being committed.
So what do the papers say? you must have the warrant they used to get in...right?
So what do the papers say? you must have the warrant they used to get in...right?
