Did you read what you just wrote? You had "pot brownies not pot". You had 17g of pot in the brownies!
You were in possession of marijuana.
Get a criminal attorney soon!
The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature. For more information visit www.criminaldefendant.com
You have an interesting issue. Can you separate the marijuana from the brownies or are they inextricably intertwined. Its definitely the difference between a misdemeanor and a felony.
Still, Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case.
The best advise you are going to get on a given case is to find yourself a local criminal defense attorney (in your case in the J-ville area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible.
Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search either Avvo or the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).
I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Wow, you think the cops might have made a mistake? Sometimes they weigh the pipe along with the week to make sure they get another felony arrest. Stop posting admissions of guilt to criminal charges on the internet and get private defense counsel for the felony you are charged with.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida. If you wish to contact the above attorney, see his profile at this website.
That was a very nice on-line admission to drug possession and manufacture of illegal substance. I would urge you to not make such admissions anywhere, ever again.
In the case of pills, it is the total weight of the pill, not simply the active ingredient(s), that counts. Not sure of the situation with pot laced bakery products, but I would venture a guess that you may have a decent motion to dismiss argument.
See an attorney, let him or her do some research, and get represented. Do Not admit to anything on-line that would tend to incriminate you. Good luck
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
Your issue is interesting, but it may or may not be a viable defense. ask anyone who has been arrested for crack cocaine and been convicted of it even though most of it is baking soda (and maybe worse).
The issue, as Mr. Haber points out, is if the brownies themselves are now considered marijuana. I think they would be, because in the real world, cops cannot weigh marijuana once you put it into the brownies, and it all likely becomes marijuana.
In other words, in for a penny, in for a pound.
This is such an interesting question that I'm going to try to research it further.
First of all, I agree with my colleagues here: Everything you post on the internet can potentially be used against you at trial. I strongly advise you to hire a Criminal Defense attorney. As to your question, this issue can be addressed differently depending on the facts and circumstances at the time of arrest. Good attorney will be able to come up with a strategy and defenses after reading your police report and requesting Discovery information from the State. GET AN ATTORNEY ASAP and GOOD LUCK!!!!!!
Unfortunately for you, pot brownies contain marijuana, and they were in your possession as you have openly admitted to on this board.
Due yourself a favor. Stop discussing the crimes you have committed and hire an attorney.
My firm offers consultations in all areas of criminal law.
David E. Little, Esq.
Tampa/St. Petersburg Criminal Defense Attorney
No attorney client privilege exists by way of answering this question. You should always consult with an experienced criminal defense attorney, and only discuss the facts of your case with your attorney, so you are protected by the attorney client privilege.