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Miami Shores Pot Operation Busted

The legalization of marijuana is a subject that has been debated for decades and about which many people have strong feelings, both for and against. For some purposes and in some places, using or growing it is legal; but only under select circumstances and locations. Recently, a Miami Shores residence was the site of illegal marijuana activity.   Police busted the hydroponic pot grow house operation after individuals in the house allowed the police to come in and search the house. As a result, one individual found themselves in custody.

Search Warrants – What Is Needed To Get One?

In this case, the individuals in the house gave permission to law enforcement to enter the house and search the house.  The police do not need a search warrant if a home-owner gives consent to the police to search enter and search the home.  If law enforcement is refused entry into the home, another option for the police is to obtain a search warrant from a judge.   Florida Statute Sections 933.04 and 933.07 require law enforcement to demonstrate to a judge that probable cause exists that the place to be searched and the thing to be seized is evidence of a crime.  While the law contains certain exceptions to the search warrant requirement such as consent to search, if a search is conducted improperly either because the search was done without a warrant or because the search warrant was defective or because the exception law enforcement claims existed to avoid the need to obtain a search warrant was invalid, a defense may be available to a defendant charged with crimes as a result of the improper search.

The Importance Of Degree

In Florida, growing marijuana is still unlawful and possessing more than 20 grams of marijuana is a third degree felony.  This charge may be elevated to either a second or first degree felony depending upon a variety of other factors including the quantity of marijuana being grown, the location where it is being grown, and who is present at the location where it is being grown – particularly if children are present. Within the criminal justice system, the penalties and punishments for crimes depend upon their severity; the more severe the crime, the higher the classification, and the higher the classification, the higher the penalty that may be imposed. To be found guilty of any crime, the prosecution must prove specific elements of the crime. A criminal defense attorney knows these elements that must be present for a defendant to be found guilty of any particular crime and wants to ensure his or her client is not convicted of a crime if any of the elements cannot be proven.

If You Have Been Arrested For A Crime, Contact Our Office Today

Anytime someone is accused of a crime, it is important that all facts are considered and all possible defenses are investigated. If you or someone you love has been arrested, the law office of Deric Zacca, P.A. should be your first phone call. Attorney Deric Zacca has the background of being a former prosecutor for the State Attorney’s Office and the experience of being a criminal defense attorney to understand and appreciate both sides of any issue.  As a result, he has amassed multifaceted knowledge about what must be proven during trial for all types of crimes. He will help you to understand your rights and responsibilities and make sure you understand the process from start to finish. When facing legal action, Attorney Deric Zacca is only a phone call away. Contact the office today to schedule your consultation.