So you got busted growing some weed in Coral Gables, Florida?

Don’t panic. While cultivation of marijuana is illegal under Florida law, there are good defenses that an experienced Coral Gables marijuana lawyer can use to help you avoid conviction. Let’s break it down.

First off, cultivation of cannabis is a felony in Florida

under statute 893.13. Getting caught with even just a few plants can lead to up to 5 years in prison and a $5,000 fine under Florida law. Not cool. But there’s hope!

Your best defense is usually attacking the validity of the search warrant.

If the cops searched your home or property without probable cause and without a warrant, that’s an illegal search according to the 4th Amendment. Anything they found – like your weed plants – can be excluded as evidence under the exclusionary rule. Pow!

Some common ways Coral Gables marijuana lawyers beat search warrants:

• Lack of probable cause – If the warrant affidavit didn’t establish enough reason to search, the warrant is junk. A Gables weed lawyer can show the warrant lacked probable cause.
• False/misleading info – If cops lied or stretched the truth to get the warrant, it’s no good. Your lawyer can prove false info ruined probable cause.
• Technical errors – If cops messed up the warrant paperwork or procedures, it can invalidate the warrant. A good marijuana lawyer finds technical errors.
• Scope issues – If cops exceeded the scope of the warrant, that evidence gets axed. Like if the warrant was for the house but they searched your backyard and found weed plants. Boom, excluded!

If there was no warrant at all, then police needed “exigent circumstances” to justify a search, which is rare with marijuana cultivation cases. But if they can’t show an emergency that allowed warrantless search, a skilled Coral Gables cannabis lawyer can get all that sweet evidence thrown out. 4th Amendment for the win!

Some other defenses your lawyer might use:

• Lack of knowledge/possession – If you can show you didn’t know about the plants or have control over them, you aren’t guilty of cultivation. Roommates? Teenage kids? Prove it wasn’t your weed.
• Medical necessity – If you legit need cannabis for a medical condition, you may have a defense. Florida does allow medical marijuana now. Get your Gables weed lawyer to argue it was necessary for your glaucoma or whatever.
• Entrapment – If you were pressured into growing weed by an undercover cop, that’s entrapment. A skilled marijuana lawyer can show the cops induced you to commit a crime you wouldn’t normally do.

Your Coral Gables marijuana lawyer may also try negotiating with the prosecutor to get charges reduced or even dropped, especially if it’s your first offense and you were only growing a few plants. Prosecutors know juries often sympathize with medical necessity defenses, so they may offer a good plea deal rather than risk losing at trial.

But don’t cop a plea without talking to a lawyer! An experienced Coral Gables cannabis attorney knows the prosecutors and judges and can get you the best outcome. They may even be able to get your charges sealed or expunged later so this mistake doesn’t ruin your life.

So take a deep breath. Call a trusted Coral Gables marijuana lawyer ASAP if you get arrested for growing weed.

A skilled criminal defense attorney can aggressively defend your rights, poke holes in the prosecution’s case, and give you the best chance of avoiding conviction. You’ve got options. Don’t panic, just call a Gables marijuana lawyer now!