BG Law: How screwed is my uncle?

[Cream Soda]

Basically, weed was being grown in the house, he got into a fight w/ his wife, her sister called the cops, police showed up = shitstorm

Relevant info

harge Number:      1
Agency Report Number:      SO10325789
Offense Description:      POSSESSION OF DRUG PARAPHERNALIA
Statute:      893.147(1)(B)/M
Court Case Number:      CTC1030994MMANO 
Bond Assessed:      $150.00
Bond Amount Due:      $150.00
OBTS:      5207106017
 
Charge Number:      2
Agency Report Number:      SO10325660
Offense Description:      BATTERY UPON A SPOUSE
Statute:      784.03(1)/M
Court Case Number:      CTC1030993MMANO 
Bond Assessed:      
Bond Amount Due:      
OBTS:      5207106017
 
Charge Number:      3
Agency Report Number:      SO10325765
Offense Description:      MANUFACTURE OF MARIJUANA W/ CHILD PRESENT
Statute:      893.1351(3)/F
Court Case Number:      CRC1024532CFANO 
Bond Assessed:      $50,000.00
Bond Amount Due:      $50,000.00
OBTS:      5207106017

Degree of severity and what's he lookin at?

[Pirian]

Well I'm going to assume he's black, so say your goodbyes :\

[Cream Soda]

Actually, Puerto Rican (I'm half and half). My black uncle got arrested for Making/selling crack. Blacks always gotta be a one upper.

[Olo401]

Growing is pretty serious on its own if you're in a state where the laws are strict about pot.. but with a child present it makes matters MUCH worse.

He will need a good criminal attorney on this one.

[ZarakiKujata]

Well its a good thing you voted for sensible drug policy candidates so they won't have to see prison time...

[Valisk]

Oh man, that last one was probably the nail in the coffin. Judges are very stern when children are present/affected. The multiple charges at one time doesn't look to good either. The drug possession and battery charges are weak but the manufacturing with minor present one is going to be the nasty one. 16 years to life (with parole) depending on how much was grown, cooperation with bring down other criminals/suppliers, etc.

Edit: If found guilty on all charges ofcourse.

Edit 2: Was it just like a couple weed plants or was in like a freakin facility that could be considered a "drug lab"?

[Cream Soda]

Not much of a cooperation that can be supplied, as far as I can remember he ordered seeds from Amsterdam, built the room himself and set it all up on his own.

[Valisk]

Actually, Puerto Rican (I'm half and half). My black uncle got arrested for Making/selling crack. Blacks always gotta be a one upper.

Should have had some white in you so that side could have talked some sense into your family and convinced them not to be criminals.

[Cream Soda]

lol

[Headspace]

Blackest of black.

[Kwijiboe]

What state? Florida? I'm interested in looking up the statutes.

[Melena]

Hope your uncle likes prison jump suits. As everyone else said, that last one is going to be the kick in the nuts. Does he have any priors? If not he might be able to work something out but even than, he's still looking at a few years.

[Kwijiboe]

DRUG CHARGES

Fla. Stat. § 893.147 (2010)

§ 893.147. Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia


(1) Use or possession of drug paraphernalia. --It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia:

(a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or

(b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. <-- Gonna have to look closer at this, because this may answer your question directly.

(2) Manufacture or delivery of drug paraphernalia. --It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used:

(a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this act; or

(b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this act.

Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Delivery of drug paraphernalia to a minor.

(a) Any person 18 years of age or over who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) It is unlawful for any person to sell or otherwise deliver hypodermic syringes, needles, or other objects which may be used, are intended for use, or are designed for use in parenterally injecting substances into the human body to any person under 18 years of age, except that hypodermic syringes, needles, or other such objects may be lawfully dispensed to a person under 18 years of age by a licensed practitioner, parent, or legal guardian or by a pharmacist pursuant to a valid prescription for same. Any person who violates the provisions of this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Transportation of drug paraphernalia. --It is unlawful to use, possess with the intent to use, or manufacture with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport:

(a) A controlled substance in violation of this chapter; or

(b) Contraband as defined in s. 932.701(2)(a)1.

Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Advertisement of drug paraphernalia. --It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.



Fla. Stat. § 893.1351 (2010)

§ 893.1351. Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance


(1) A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


(4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.

[Kwijiboe]

And now for 775... It's not too nice to him.. Pertaining to the child charge.. Felony in the first degree is pretty serious.

IF he was recently released from prison..

(b) For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.

Misdemeanor in the first degree, is not to exceed 1 year... Although, who knows if the State will pursue all charges. This is kind of a waste of time.

So.. the real question is, did your uncle have knowledge that a child was present? That will also be helpful in determining how screwed your uncle is...

Additionally, they made this statute hell of a lot easier to prosecute... "Knows or should have known"

Looks like the statute is mostly interested in cracking down on career criminals.. it also has a three strikes component, so that's something else to consider.

[Cleverness]

He's gonna go to jail and meet this guy.

[Cream Soda]

All priors (That I know of)

Charge Number:      1
Agency Report Number:      SP09003774
Offense Description:      DWLSR **SPTC 02/23/09 0900**
Statute:      322.34(2)(A)/M
Court Case Number:      CTC092556FTLASP 
Bond Assessed:      $250.00
Bond Amount Due:      $0.00
OBTS:

Charge Number:      1
Agency Report Number:      SO09222922
Offense Description:      FTA OPEN STORAGE OF INOPERATIVE VEHICLE
Statute:      999999-01
Court Case Number:      CTC0912144COANO 
Bond Assessed:      $238.00
Bond Amount Due:      $0.00
OBTS:      5206056848

Charge Number:      1
Agency Report Number:      SO06024835
Offense Description:      DWLSR - THIRD OFFENSE REF #9837DXR
Statute:      322.34(2)(C)/F
Court Case Number:      CRC0619520CFANO 
Bond Assessed:      $5,000.00
Bond Amount Due:      $0.00
OBTS:      5205128679

Charge Number:      1
Agency Report Number:      
Offense Description:      PETIT THEFT
Statute:      812.014(3)(B)/M
Court Case Number:      CTC0631066MMANO 
Bond Assessed:      $750.00
Bond Amount Due:      $0.00
OBTS:

Charge Number:      1
Agency Report Number:      
Offense Description:      FTA/PETIT THEFT
Statute:      812.014(2)(E)/M
Court Case Number:      CTC0631066MMANO 
Bond Assessed:      $813.00
Bond Amount Due:      $0.00

Charge Number:      1
Agency Report Number:      
Offense Description:      FTA DWLSR
Statute:      322.34(2)(A)/M
Court Case Number:      CTC096347GDJASP 
Bond Assessed:      $513.00
Bond Amount Due:      $0.00
OBTS:

Charge Number:      1
Agency Report Number:      
Offense Description:      BATTERY - STRIKE OR TOUCH
Statute:      784.03(1)/M
Court Case Number:      CTC0533774MMANO 
Bond Assessed:      
Bond Amount Due:      
OBTS:      5202106949

For Pinellas county anyway. He's lived other places.

[Olo401]

Oh wow that is REALLY not good.. an A Felony combined with a domestic charge and priors for larceny and battery?

Yeah he's goin' away for a long time. And he absolutely needs a good lawyer.

[Franzer]

Yep he's done, might as well make a swim back to Puerto Rico while he still has a chance

[Cream Soda]

So.. the real question is, did your uncle have knowledge that a child was present? That will also be helpful in determining how screwed your uncle is...

It's (possibly) his kid. That being said he lives at the house, too.

[SwampdonkeyPLD]

Sounds like he's screwed. Constructive knowledge isn't hard to prove. Is it his kid? If it is, he's definitely screwed.

Edit: He's screwed.