With a search warrant in hand, police in Port St. Lucie recently searched a home located in the 2000 block of Southwest Capri Street and discovered marijuana growing operation. That home is located located just 170 feet from Oak Hammock K-8 school in the 1200 block of Southwest California Boulevard. A 34-year-old man was arrested at a different location from the growing operation.
In their search of the home, police discovered 20 marijuana plants that weighed 80 pounds. Also found were a growing light, fluorescent lights, digital scales and other growing equipment. The growing operation was powered with an illegal electrical hookup. Nobody was inside of the home when the search warrant was executed. Also located were a Cuban passport and other forms of identification that linked the man who was arrested to the home. The man was charged with several felonies and one misdemeanor. He was released from jail on a $151,000 bail bond.
As per section 893.13(1)(a) of the Florida Statutes, it’s against the law for a person to “manufacture” any controlled substance, including marijuana. A conviction of this offense with less than 25 plants carries a prison term of up to five years and a fine not to exceed $5,000. One of the defendant’s problems in this case is that he was allegedly cultivating marijuana within 1,000 feet of a school. That makes the offense a first degree felony with a penalty not to exceed 30 years in prison and a fine of up to $10,000. Florida’s definition of manufacturing includes cultivation. In the case at issue, many defenses might exist as to how the search warrant was obtained and executed. If any one of those defenses succeeds, it’s highly likely that there will not be any evidence to prosecute the defendant with.
Jonathan Jay Kirschner is a Fort Pierce drug arrest lawyer who has been representing individuals accused of drug crimes for over 20 years. He has been continuously board certified in criminal trial practice by the Florida Supreme Court since 1994, and he’s highly respected by both judges and prosecutors alike. A qualified, experienced and aggressive criminal defense attorney is needed by the accused in any drug case. Don’t give a statement or confession. Preserve and protect your rights by remaining silent and insisting on legal counsel. Contact Fort Pierce drug arrest lawyer Jonathan Jay Kirschner right away at 772-489-8501 after any arrest.
