Legal Question in Criminal Law in Florida

Currently I am 18 years old and I recieved a Cultivation of Cannibus charge when i was 17.

Im sure that you are wanting to know how I got this charge. In January of this year while i was still 17 years old I decided to move out of my mothers house. She called me in May of this year to inform me that I recieved court papers in the mail. Bewilderd as i was I asked her what they were for. She said to me that I ended up getting a cultivation charge for a marijuana plant that was found in my closet while I was not living there and had not been to the house AT ALL since January. Obviously there was no evidence whatsoever that it was in fact mine to begin with and I want to be able to get this dillemma taken care of so i can move on with my life.

Charge was a 3rd degree felony cultivation of cannibus.

My question is since they are lacking evidence of me being the culprint behind this charge, how high are my chances of getting the charge dropped?


Asked on 7/22/09, 12:50 am

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

You have some defenses here. But you really need to see an attorney and discuss this issue directly. If the plant was found at a time when you were not home, at best the state may be able to show constructive possession of it. If they can prove it was in your room, that doesn't help, but it doesn't necessarily hurt either. But, the fact that the plant was found after you moved out (some time later I hope), and that you had not been back to the house makes it almost impossible for them to prove to a legal certainty that it was yours. I think you have a good case.

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Answered on 7/22/09, 7:04 am


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