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Category Archives: 86B Cultivation of Marijuana Victories

REDUCED | PRODUCTION of MARIJUANA REDUCED to POSSESSION of DRUG PARAPHERNALIA class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL  – State v. Mr. B. (DMC No. 8578) (Maricopa County Superior Court CR2008-137455): Mr. B. and his wife were separated and were sharing custody of their teenage daughter.  The daughter came to stay with Mr. B. and discovered 6 marijuana plants growing inside a “grow closet”.  She took photos and called police.  Mr. B. was subsequently cited with Production of Marijuana and Possession of Drug Paraphernalia.  We were able to show that the marijuana was for his personal use and that he was not selling it.  We also pointed out there were various issues with the lack of a search warrant.  Mr. B. was given probation and no jail, and his conviction ultimately was reduced to a simple misdemeanor.


REDUCED | CULTIVATION of MARIJUANA, MISCONDUCT INVOLVING WEAPON and POSSESSION of DRUG PARAPHERNALIA REDUCED to ATTEMPT class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8763) (Maricopa County Superior Court CR2009-111214): Mr. B. and his two roommates were the victim of a burglary and armed robbery when police were called to investigate.  During a “welfare check” the police found a bedroom in the house which was a “grow room”, which included numerous marijuana plants.  Mr. B. was subsequently charged with Production of Marijuana, Misconduct Involving a Weapon and Possession of Drug Paraphernalia.  We argued that the “welfare check” was really a pretext to conduct a search, and that Mr. B.’s Miranda rights were violated.  We were able to secure an offer to an “Attempt” that eventually became a misdemeanor with zero days in jail.  Originally Mr. B. was facing years in prison.


DISMISSED | CULTIVATION of MARIJUANA (14 plants) DISMISSED – State v. Mr. R. (DMC No. 9914) (Maricopa County Superior Court CR2009-006670): Mr. R. had gotten into a fight with a friend of his when the friend’s mother called the police.  When police arrived, she told them that she had gone the shed at the house the day prior and seen 14 marijuana plants.  She took pictures of the plants and provided them to police, stating the Mr. R. was the responsible party.  Police interview multiple people (some of whom made admissions), and they tried to interview Mr. R.  Mr. R. invoked his right to remain silent and then contacted our firm.  The State filed charges almost 2 years later, and the case proceeded through the system.  Prior to trial, we convinced the prosecution that they would not be able to meet their burden of proof, as there was no evidence that Mr. R. was actually involved.  The State moved to dismiss all charges.  There is no conviction on Mr. R.’s record.

NOT CHARGED | CULTIVATION of MARIJUANA (6 plants) NOT CHARGED – State v. Mr. K. (DMC No. 5293) (Maricopa County Sheriff’s Office Investigated): Mr. K. lived at a property that had four separate structures, with multiple roommates.  Police executed a search warrant and found 6 marijuana plants (totaling 2 pounds) growing in one of the residents.  Mr. K. was arrested, and then contacted us.  We became involved with the Sherriff’s Office and showed detectives that Mr. K. was not involved in the marijuana cultivation.  No charges were ever brought against Mr. K.


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