Most Jacksonville criminal defense lawyers will agree that the most common drug charge is a basic possession charge. People will often receive notice to appear citations for minor offenses like, Jacksonville drug paraphernalia possession. It is not unusual for a police officer to give someone a ticket for Florida possession of less than 20 grams of marijuana instead of arresting the person for this misdemeanor crime. When it comes to a felony charge, such as possession of 20 grams or more of marijuana, the defendant will be arrested.
People may also be arrested for more serious drug offenses like Jacksonville possession of cocaine or a controlled substance. Drug sale and drug trafficking charges are even worse. It is not as common to have cases were someone is growing marijuana out of his or her home, but this has seemed to occur often lately. A few weeks ago, a couple was arrested for growing marijuana in their Northeast Florida home (Read Florida Marijuana Drug Arrests After Home is Searched). Last week, another couple was arrested in Clay County for the same thing.
The Clay County newspaper reported:
“A confidential tip to the Clay County Sheriff’s Office has resulted in the arrest of an Orange Park couple for charges of growing marijuana. Scott Thomas Fisher, 29 and wife Lori Ann Fisher, 31, were arrested Sept. 24 and shortly after midnight Sept. 25 at a home in the 400 block of Charles Pinckney Street.”
Clay County police went to the residence to due a narcotics complaint. “A Clay County Sheriff’s detective stated in a police report that he witnessed Scott Fisher place a large white shopping bag and a cardboard box into the bed of his pickup truck.” I appears that police followed him from his residence. “The officer later stopped Fisher for running a stop sign in the Heritage Hills community.” Some time during the stop, “Officers used drug dogs to sniff for what was believed to be marijuana. A subsequent search of the vehicle uncovered a total of 270 grams of marijuana from six pot plants, potting soil and pot leaves from the shopping bag. The box contained ‘a fresh marijuana stalk, with fresh leaves and buds,’ according to the police report.”
At sometime, “Detectives obtained a warrant to search the Fisher’s home and allegedly found a collapsible marijuana grow tent in the couples bedroom closet. The tent featured a fan, ventilation pipe and reflective walls, according to the reports. Detectives also allegedly found ‘fresh’ marijuana leaves inside the tent. Additionally a black floor safe was found in the home containing $1,700, five pistols and three silver bullion.” (First Coast News)
There were two children living in the house. They “were home at the time of the search and were released to their grandparents, but the Florida Department of Children and Families was notified for a follow up investigation.” Scott Fisher and Lori Ann Fisher were charged with felonies. He “was charged with possession of marijuana with intent to distribute and [she] was charged with cultivation of marijuana.”
Although the Fishers are married, they should have separate Clay County attorneys representing them due to a possible conflict of interest. There are not enough details, but there may be a problem with the stop of Scott’s Fishers’ vehicle and how long the police detained him. It is obvious that the police wanted a reason to stop his car. That is why they were following him. What a coincidence that he ran a stop sign, so the police would have a reason to stop him. This is something that his Clay County lawyer will likely be looking into.