Former Miami Beach Pleads Guilty In Grow House Case
Cultivating marijuana can be considered trafficking if the accused is in possession of enough plants.
Miami-Dade police reported that they had found a hydroponics lab with marijuana plants in the former officer's home.
The former officer avoided a
mandatory minimum sentence for trafficking in marijuana. Instead of prison, the former officer was ordered to give up his certificate to be a police officer. The former officer was then sentenced to two years of
community control and two years of
probation.
The
criminal defense attorney in this case clearly did a good job negotiating a plea for his client. In any case that involves mandatory prison time, a non-prison plea (community control or probation) is always a victory for the defense.
Also, 4th Amendment
search and seizure issues may have warranted this plea bargain. A good criminal lawyer can exploit legal weaknesses in the State's case, which may persuade the State to offer a favorable plea bargain.
In every trafficking case, the question of how the police found the suspect narcotics is crucial. If the police violated the civil rights of the accused, then no matter what the substance or no matter how much, it cannot be used as evidence against the accused.
Trafficking charges are very serious and are prosecuted vigorously by the State Attorney's Office. I represent clients charged with trafficking in Miami-Dade County and Broward County.
If you or someone you know is facing a trafficking charge,
call me. I may be able to assist you in your defense.