Marijuana cultivation in New York can be a very serious legal problem when the amount of marijuana being cultivated is extensive. While some people have indoor growing systems in the city, most major growers are in rural locations where they can hide the production process. Many growing operations in the rural areas are actually very elaborate systems that expand on the technology used in the urban areas for those who attempt to grow for personal use. In the state of New York there is no legal application for personal use, as the number of plants is not considered when small amounts of marijuana are seized from a small operation. Weight becomes the issue when there are only a few plants being used as evidence in a manufacturing case. The threshold for enhanced fines can be reached quickly, even in small grow confiscations, and having an experienced New York City criminal attorneycan make a major difference in the final disposition of your case.
Defending State Marijuana Cultivation Charges
Marijuana cultivation charges are prosecuted similarly to standard possession charges when the amount being used as evidence is within minimal statute ranges. However, problems can arise in cases where the plants are seized during the growing process because the level of charge is determined solely by weight in lower level cases. Plants that are not completely grown will weigh much more than a cured product. This can be a significant negotiation point for an experienced New York City criminal defense attorney who can address the state of the evidence at the time it is seized. And, search and seizure can be very important when indoor operations are being raided because there are specific rules of protocol concerning warrant execution that could easily have been breached. Your attorney can examine each step in the arrest process for potential weaknesses in a prosecution, along with constitutional concerns about search and seizure. The state is not entitled to a conviction, but you are entitled to solid legal representation per the U.S. Constitution.
Defending Federal Marijuana Cultivation
When major grow operations are found, many times the federal Drug Enforcement Agency will take over the prosecution, especially when the growers can be connected to interstate trafficking operations. These are very serious marijuana cultivation charges that could result in long penitentiary sentences when the case includes 1000 or more plants. Serious drug charges require serious attorneys who understand how federal authorities build cases and how best to approach a defense. Sometimes it is best to have a former federal prosecutor representing your case because the authorities know that highly reputable attorneys tend to handle the cases of those who they think can be exonerated or have the charges significantly reduced. Sometimes the government has the defendant trapped in a valid criminal situation, and having a former prosecutor and New York criminal lawyer representing your case can help in a final legal solution before actually going to court.
Why You Should Defend Any Marijuana Cultivation Charge
Marijuana cultivation charges should always be defended because prosecutors really have no particular interest in putting growers in jail who are merely growing small amounts for personal use. But, when the authorities confiscate significant amounts of marijuana, the case can become complicated quickly. Penalties for marijuana cultivation in any amount could potentially have a major impact on the defendants life, and having professional representation by an experienced and aggressive New York City criminal defense attorney means that long-term damage from a drug conviction can be held to a minimum, even in valid charge situations. In addition, for first time offenders, the potential exists for a deferred judgement or alternate case resolution when your attorney can cast considerable reasonable doubt on the charge and the legitimate interest of the government prosecution.