Marijuana Cultivation
Need to Fight an Orange County Marijuana Cultivation Charge?
Are you facing a marijuana cultivation charge in Fullerton, Westminster, Santa Ana, Newport Beach, Irvine, Huntington Beach or somewhere in Orange County, Riverside, San Bernardino or San Diego, then the Orange County Drug Crime Attorney at Law Offices of Michael L. Guisti will work to get your charges reduced and dismissed, keeping you out of jail, and possibly getting illegally-seized pot and money returned to you.
What is the Marijuana Cultivation Charge (Pot Cultivation) ?
California Health and Safety Code 11358 prohibits all acts associated with growing and manufacturing pot, which include the simple act of handling of the seeds, cultivating the soil, and drying and processing of the marijuana once it's been harvested.
Chances are you produced more than one pot plant, because, as one expert Huntington Beach marijuana defense lawyer knows, a single plant only produces a limited amount of usable pot, thus why so many people grow several marijuana plants at a time. Of course many Orange County officers and the Orange County District Attorney quickly assume anyone who grows more than one plant intends to sell them.
Your Defense
With the Orange County marijuana defense experts at the Law Offices of Michael L. Guisti they’ll explore defenses for you that could reduce your charges or possibly have them dismissed altogether.
Proposition 215
If you’ve been granted a medical marijuana card, sometimes known as a “420 Card,” and have followed the strict guidelines outlined in the proposition you cannot be prosecuted for cultivation as long as you possessed up to six mature plants, 12 immature plants and eight ounces of dried cannabis.
Ill residents who use and cultivated marijuana without having a medical marijuana card can still be prosecuted, however, as one Fullerton criminal defense attorney has argued successfully, you may be able to fight a charge of marijuana cultivation if using the marijuana was a medical necessity, especially if acting under a doctor's recommendation.
You Didn’t Do It
As simple as it sounds the Orange County Law Offices of Michael L. Guisti has successfully raised a reasonable doubt in court about whether the cultivated marijuana plants in question belonged to the suspect. After all, the pot may have been on a plot of land not owned by you or in a "common area" that many other people use and have access to. This could lead to having your case dismissed.
Police Performed an Illegal Search
The Fourth Amendment of the Constitution of the United States affords that all searches performed by Orange County police, or any law enforcement agency, must be based on probable cause and not merely a “gut feeling,” and any evidence found as a result of an illegal search may not be used against you in court. The Orange County Drug Defense Attorneys at Law Offices of Michael L. Guisti will thoroughly investigate any police misconduct in your case and has successfully has evidence illegally obtained by police thrown out of the trial.
Any Marijuana Cultivation Was NOT for the Purpose of Sale
One expert Santa Ana marijuana defense lawyer explains that the "Williamson Hearing," is where expert witnesses testify that your marijuana cultivation was not for the purpose of sale, but your own use.
The Orange County Drug Defense experts at the Law Offices of Michael L. Guisti will show the court your financial records and assets can be traced to legitimate sources, making the Orange County District Attorney’s case against you unsuccessful.
Also, if the amount of marijuana you smoke is equivalent to the amount of marijuana plants you grow, the prosecution will have a difficult time arguing your plants have been used for sales.
The fewer pot plants you cultivate, the more difficult the Orange County District Attorney will have convincing the court you are cultivating for sales purposes.
The prosecution is also going to have a difficult time convincing an Orange County judge on sales charges if Orange County police don't find any written records about your plants, or weight scales, or extensive packaging materials, and if they don't witness a lot of people coming to your place.
If Convicted
According to state Health and Safety Code 11358 if convicted of marijuana cultivation you face probation or up to three years in state prison. If probation is granted, you likely will have to report to a probation officer for three years, pay fines to the court, and may have to serve up to one year in Orange County jail.
Why You Need an Experienced Orange County Pot Cultivation Defense Attorney
Having been accused of marijuana cultivation may seem intimidating, but with the experienced Orange County marijuana legal defense team with Law Offices of Michael L. Guisti on your side they’ll thoroughly investigate the Orange County police officer’s actions and show the judge and jury with extensive evidence you were not and never did cultivate marijuana.
Our Orange County Drug Defense Attorneys at Law Offices of Michael L. Guisti are experienced in handling successfully cases of mairjuana charges or any drug related charges in the courts of Fullerton, Westminster, Santa Ana, Tustin, Newport Beach, Irvine, Huntington Beach and throughout California.
We understand you may be a little scared, but rest assure the Orange County Law Offices of Michael L. Guisti will handle your case in best possible way to reduce your criminal charges or possibly dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.
