Busted for growing pot

[BroInTrouble]

What is the name of your state? California

my brother was arrested yesterday for growing 2 pot plants in his backyard. the sherifs had a search warrant and confiscated the plants and 2 guns that my father had left my brother when he died 4 years ago. they did not find any paraphenalia. he does not have a criminal record, he is a hard working man in his early 40's. he does not do drugs. he admits that it was a stupid thing to do and regrets it. my question is, can he get the felony charge against him reduced or possibly thrown out? as i said, he has a clean record and has never been in this kind of trouble before. please help me. my brother is scared and doesn't want this to ruin his life. any legal advice would be greatly appreciated.

kindest regards.

 

[racer72]

His real concern is whether he will be charged with simple possession of manufacturing. Possession charges will probably result in a fine and maybe some community service. Manufacturing charges could result in jail time. He needs to talk to an attorney as soon as possible.

 

[BroInTrouble]

thanks for the advice

even if this is his first offense and only 2 plants?

His real concern is whether he will be charged with simple possession of manufacturing. Possession charges will probably result in a fine and maybe some community service. Manufacturing charges could result in jail time. He needs to talk to an attorney as soon as possible.

 

[HomeGuru]

Yes. Wake up and smell the buds. It does not matter one roach if it is his first offense and he had only 2 plants.

 

[BroInTrouble]

i guess i should have expected this kind of response from someone who puts "Catatonic state" as a location. i'm looking for legal advice from anyone who has had this kind of experience.

QUOTE]Originally posted by HomeGuru
Yes. Wake up and smell the buds. It does not matter one roach if it is his first offense and he had only 2 plants. [/QUOTE]

 

[stephenk]

Brain Trouble,

Your brother has 2 plants but he doesnt smoke weed? Then he must be growing to sell the stuff, right?

His past clean life may matter regarding how the case is decided regarding sentencing (jail, drug treatment or just probation) but doesnt really matter regarding how he is charged.

For all the DA knows your brother may have been growing weed for years and had been lucky in not getting caught.

Have your brother consult with an attorney ASAP to nip this thing in the bud! Sorry, bad pun.

 

[BroInTrouble]

thank you stephenk. you have to know my brother to even begin to understand why he did such a foolish thing.

do you know how i could go about getting some free legal advice? i told him that i would go to court with him and i want to be able to ask the right questions to the public defender.

QUOTE]Originally posted by stephenk
Brain Trouble,

Your brother has 2 plants but he doesnt smoke weed? Then he must be growing to sell the stuff, right?

His past clean life may matter regarding how the case is decided regarding sentencing (jail, drug treatment or just probation) but doesnt really matter regarding how he is charged.

For all the DA knows your brother may have been growing weed for years and had been lucky in not getting caught.

Have your brother consult with an attorney ASAP to nip this thing in the bud! Sorry, bad pun. [/QUOTE]

 

[stephenk]

if your brother cant afford an attorney, the public defender's office will represent him. This will most likely take place at the arraignment hearing.

OR, have him look up criminal defense attorneys in the yellow pages and pay for a consultation or hopefully find one that offers free consultations.

I would be interested to know why he was growing the plants if he doesnt smoke or doesnt plan to sell the stuff.

 

[BroInTrouble]

my brother has the attitude that he is "above trouble." he thinks he is smarter than the average person. he's smart, but not as much as his mind thinks he is. anyway, he grew the plants after he found some seeds in a baggie that he found on a mountain bike ride. mostly curiousity i suspect. he never thought he would get caught. he probably would have sold the stuff, i'm sure. but, then again, i can also see him just tossing the stuff too.

if your brother cant afford an attorney, the public defender's office will represent him. This will most likely take place at the arraignment hearing.

OR, have him look up criminal defense attorneys in the yellow pages and pay for a consultation or hopefully find one that offers free consultations.

I would be interested to know why he was growing the plants if he doesnt smoke or doesnt plan to sell the stuff.

 

[OlRoy]

Just out of curiosity how did he get caught? should say on the warrant..

 

[BroInTrouble]

good question. i'll have to check. i have no experience in criminal law. i'm a paralegal, but my experience lies in entertainment law. i'll have him check the warrant. he seems to think that the sherifs looked in his backyard when his neighbor's called 911 because someone was having a heart attack.

Just out of curiosity how did he get caught? should say on the warrant..

 

[BroInTrouble]

Brain Trouble??????

i just re-read your response. why did you address it to Brain Trouble? just because i'm not well versed in criminal law? i don't think that this bulletin board is for name calling. i thought it was for people that wanted some help with legal matters that they are not familiar with.

Brain Trouble,

Your brother has 2 plants but he doesnt smoke weed? Then he must be growing to sell the stuff, right?

His past clean life may matter regarding how the case is decided regarding sentencing (jail, drug treatment or just probation) but doesnt really matter regarding how he is charged.

For all the DA knows your brother may have been growing weed for years and had been lucky in not getting caught.

Have your brother consult with an attorney ASAP to nip this thing in the bud! Sorry, bad pun.

 

[TYRIS]

the charge your brother is probably looking at is this:

HS§ 11358. Cultivation of Marijuana
Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.

however, if its his first offense, have his attorney get him prop 36 if he can.

prop 36 is the Substance Abuse and Crime Prevention Act, also known as Proposition 36. This initiative allows first- and second-time, non-violent, simple drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration.

i've busted guys with more than what your brother had and they got it.

good luck

TYRIS

 

[BroInTrouble]

THANKS TYRIS!!!! i will do some research and see if i can find out more about Prop. 36. i appreciate your advice. i know that my brother appreciates it too. can i send you some CD's or something? are there any DreamWorks artists that you like?

kindest regards.

the charge your brother is probably looking at is this:

HS§ 11358. Cultivation of Marijuana
Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.

however, if its his first offense, have his attorney get him prop 36 if he can.

prop 36 is the Substance Abuse and Crime Prevention Act, also known as Proposition 36. This initiative allows first- and second-time, non-violent, simple drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration.

i've busted guys with more than what your brother had and they got it.

good luck

TYRIS

 

[TYRIS]

you are welcome and thank you for the offer but i'm not allowed.
good luck on helping your brother.

TYRIS