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Polk County, Florida Man Insists on Smoking Joint Prior to Arrest

Polk county resident David Scott Schultz, 32, delayed his arrest last week when Polk County deputies attempted to serve a search warrant on his residence for suspicion that Shultz was using his home as a marijuana grow house. According to deputies, after knocking on Shultz’s door and speaking with him he refused to allow them in. After some time went by deputies smelled the odor of marijuana and ultimately learned that Shultz simply wanted to smoke one last joint before being taken in to custody. Shultz eventually opened the door and was taken in to custody without incident. Shultz was arrested on charges of maintaining a dwelling for drug manufacturing, cultivation of cannabis, possession of cannabis with intent to sell and possession of drug paraphernalia.

Mr. Schultz has pretty run of the mill Florida drug charges though he could benefit from the help of a Polk county criminal lawyer. Shultz’s charge for being in possession of a dwelling used for drug manufacturing is no doubt his biggest concern when defending against these charges. This Florida crime is a second degree felony punishable by up to 15 years in the Florida Department of Corrections. Florida statue 893.1351(2) makes it a crime for a person to knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place…. will be used …. 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.

As with any other case, drug charges in Florida are not always created equal, nor do the facts always allow for a defense over and above an effort to mitigate the damage as much as possible. This case could very well be one in which the best Schultz’s attorney can do is try to mitigate the ultimate sentence. If Schultz was in fact at home, in a structure used to grow marijuana and he knew it, this specific charge will be nearly impossible to defend on the merits. Couple that with the fact that he holed up in order to smoke one last joint and his attorney’s efforts may be a bit more difficult. In other words, it may be difficult to pitch the notion of remorse to a Judge and prosecutor who know of his last minute snubbing of Florida’s laws against drug possession. Though his actions are kind of funny form an outsider’s perspective, he didn’t do himself a favor. Of course the flip side of the coin and likely his train of thought is who really cares? He was going down on much more serious charges so does it matter?

Drug charges in Florida are very likely the most common charges going through the State Attorney’s Office. Depending on the drug variety and amount in possession or sold, will be the potential penalty involved. If you’ve been charged with a drug crime in Tampa, contact Tampa drug attorney, Jason Mayberry today at 813-444-7435 or 727-771-3847.