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Drug Crime:
Cultivation
Stuart Drug Cultivation Attorney & Lawyer, serving Stuart, Florida, Martin County,
and St. Lucie County by providing aggressive and experienced drug
cultivation defense and other
criminal defense legal representation.
 An
individual may
be charged with a drug cultivation crime if they are found to
have been growing natural substances that are used to create illegal
drugs. Most commonly drug cultivation charges in Stuart, and
Martin County, and St Lucie County Florida involve, but are not limited to
Cannabis / Marijuana.
Cultivating drugs is a different crime than drug manufacturing,
which involves creating illegal substances through chemical or other
processes.
Drug cultivation is
typically charged as a felony crime, and the severity of conviction
penalties depends upon the amount and type of drug confiscated
during an investigation. A cultivation crime may also be charged
regardless if the intent was for personal use, sale, or
distribution.
Law enforcement and the
prosecutors take drug trafficking and cultivation charges very seriously,
and alleged offenders can expect to face aggressive
prosecution in drug crime cases.
In any criminal matter
it is extremely important to seek experienced, honest and aggressive legal
representation as soon as possible. To ensure your legal rights and
freedoms are protected, all available legal
resources must be utilized to give you the best opportunity to
achieve a successful outcome in your specific legal situation.
As a law firm providing experienced
drug cultivation attorney
& lawyer
legal services in Stuart, Florida, Martin County,
and St Lucie County Florida, we are committed to
protecting the legal rights of each and every client, while always
striving to provide
the highest standard of legal representation.
If you
have been charged with a
drug
cultivation
offense,
make sure your rights and liberties are protected by seeking
the legal advice of a local
Stuart drug
cultivation
defense
attorney
& lawyer. Contact
David
Kaplow,
P.A., today by calling
(772) 221-2100.
Many
times an individual accused of drug cultivation
may have had their rights violated due to law
enforcement not having the appropriate warrant or
probable cause to conduct a search. In order for
law enforcement to
conduct a legal search of an individual, there must
be probable cause, more than mere suspicion or a
hunch. For a legal search of one's premises, there
must be a valid warrant, barring any exceptional
circumstances.
When a search is improperly conducted or probable
cause cannot be substantiated, a persons rights
have been violated. Proof of an unwarranted or
illegal search could result in the suppression of
drug evidence and could make all the difference in
the outcome of a drug cultivation, trafficking,
or possession case.
The
Florida Judicial System and sentencing guidelines
for drug cultivation convictions can be very severe,
including, but not limited to:
-
Felony Cannabis / Marijuana Cultivation:
25 lbs or less, which
could result in up to 5 years in prison and a $5,000
fine.
-
Felony Cannabis / Marijuana Cultivation:
25 lbs to 2,000 lbs (or 2,000 plants),
which could result in a mandatory 3 years in prison
and a $25,000 fine.
-
Felony Cannabis / Marijuana Cultivation:
2,000 lbs to 10,000 lbs (or 10,000 plants),
which could result in a mandatory 7 years in prison
and a $50,000 fine.
-
Felony Cannabis / Marijuana Cultivation:
10,000 lbs (or 10,000 plants) or more,
which could result in a mandatory 15 years in prison
and a $200,000 fine.
-
Felony Cannabis / Marijuana Cultivation:
Within 1,000 feet of school, college, park or other
specified areas, which
could result in up to 15 years in prison and a
$10,000 fine.
For a Florida Illegal Drug Statutes
Click Here.
Under the current law, possession of 25 or more plants (formerly 300
plants) is prima facie evidence of intent to sell or distribute, and is
a second degree felony carrying a maximum penalty of 15 years in jail
and a $10,000 fine.
Possession of 20 grams or less of marijuana is a misdemeanor, punishable
by up to one year in jail and a fine of up to $1,000. Possession of
greater than 20 grams of marijuana is a felony, punishable by up to five
years in prison and a fine of up to $5,000.
The
delivery of 20 grams or less of marijuana for no consideration is a
misdemeanor and is punishable by up to one year in jail and a fine of up
to $1,000. Sale, delivery or cultivation of any other amount up to 25
pounds is a felony and punishable by up to five years in prison and a
fine of up to $5,000.
Sale,
delivery or cultivation of greater than 25 pounds is considered
trafficking, and all trafficking offenses have mandatory minimum
sentences. For less than 2,000 pounds or less than 2,000 plants, there
is a mandatory minimum sentence of three years and a fine of $25,000.
For less than 10,000 pounds or less than 10,000 plants there is a
mandatory minimum sentence of seven years and a fine of $50,000. For
10,000 pounds or 10,000 plants or greater, the mandatory minimum
sentence is 15 years in prison and a fine of $200,000.
Any
sale or delivery occurring within 1,000 feet of a school, college,
public park, public housing, daycare center, or church is punishable by
up to 15 years in prison and a fine of $10,000.
The
possession of paraphernalia is a misdemeanor, punishable by up to one
year in jail and a fine of up to $1,000.
Conviction of a drug related offense also requires suspension of the
offender's driver's license.
Under specific circumstances, if convicted of a drug
cultivation
charge, an individual may also face potential vehicle forfeiture
or property forfeiture.
Don't take your legal rights, freedoms, or liberty for granted. Be
proactive in your defense against drug
cultivation charges. We will
review all of the evidence which has been gathered against you, put
the actions of law enforcement under a microscope, determine if
probable cause existed for any search (or for pulling you over if
you were driving a motor vehicle), determine if any of your civil
rights were violated by law enforcement, and speak to relevant
witnesses.
We will make sure you are fully aware of your legal rights, options,
potential defense strategies, and aggressively represent you with
every available legal resource.
Contact our office
at
(772) 221-2100
to schedule a confidential, legal consultation with an
experienced
drug
cultivation defense attorney & lawyer,
serving Stuart, Florida, Martin County,
and St Lucie County Florida.
As a law firm which provides professional drug charge defense legal services, we are experienced,
prepared, and well qualified to represent you in
even the most difficult of legal challenges you may
be facing. We are well versed in
drug crime and criminal
law
and know how to apply the law to your specific
legal needs and goals.
If
you require professional legal advice and
representation regarding
Criminal Drug Charges or other Criminal Defense
legal issues, contact our office at
(772) 221-2100
to schedule a confidential, legal consultation with an
experienced attorney & lawyer.
In addition to our Drug
Crime
Defense legal services, Mr. Kaplow also provides legal services in the following areas
of criminal defense law:
Stuart Drug Cultivation Attorney & Lawyer, serving Stuart, Florida, Martin County,
and St. Lucie County by providing aggressive and experienced drug
cultivation defense and other
criminal defense legal representation. |
