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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70292
Experience:  Over 5 years in practice
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HELLO. I was arrested yesterday for cultivation of cannabis

Customer Question

HELLO.
I was arrested yesterday for cultivation of cannabis at my home, the police found a container with 90 oz of cannabis weed ready for delivery to the gang that I was growing it for, the police also found a further 8 small plants abt 12 inches tall, and a further 30 very small cuttings most not yet rooted.
I was honest with them from the start, I admitted my involvement from the start.
I explained to them that I was growing it for two foreigners, it was the second grow because i made a mess of the first grow and the plants all died, therefore I had to do the second grow for them to make up for the first failed crop, I told the police I was to be paid £1000, cash plus they would pay my electricity bill.
Can you please advise me as to how long a prison sentence I am looking at, I have never been involved with drugs before, i have a record but I have kept out of trouble for 25 yrs
I am 62 yrs old .
Thank you
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
What were your previous offences?
Customer: replied 4 years ago.

My previous offences were for dishonesty, theft, motoring , theft of heavy trucks to break up and sell off the parts, i was given 30 mths prison in 1998 and i have not been in trouble since then

Expert:  Jo C. replied 4 years ago.
Ok. Its obviously always a stab in the dark with cultivation matters as I haven't had vision of the case and cannot say whether or not the Crown would accept your basis.

However, I think they would probably accept you fell into the lesser role category.

This is a class B drug and probably in terms of quantity it would fall into the third bracket which covers 28 plants. I realise there were not 28 plants but the sentencing guidelines presume that each plant has a yield of roughly 40g which would place you roughly in that bracket.

The starting point is, in fact, a high level community order and the range is a low one to 26 weeks custody.

You do have previous convictions but they are all dissimilar so the court probably would disregard them. Also, they are over 10 years old so would not play an important part even if they were relevant. Also, you would plead guilty.

It would be irresponsible of me to assure you that there is no risk of custody but overall I think you would probably avoid it.

Hope this helps. Please remember to rate my service OK SERVICE or above and then I will be able to carry on.
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Customer: replied 4 years ago.

RE MY FIRST QUESTION FOR CANNABIS CULTIVATION, MY MAIN PROBLEM IS MY WIFE AND CHILD, i AM MARRIED TO A FILIPINA, SHE IS HERE IN THE UK ON A 2 YRS SPOUSE VISA, WE HAVE A 15 MTH OLD CHILD, i AM A UK NATIONAL SO MY CHILD IS CLASSED AS BRITISH HE HAS HIS FULL UK /BRITISH PASS PORT, i AM WORRIED AS TO WHAT WILL HAPPEN TO MY WIFE IF i AM SENT TO PRISON OVER THIS CANNABIS CULTIVATION, WILL SHE BE DEPORTED AND IF SO , WHAT WOULD HAPPEN TO MY CHILD, tHANK YOU

Expert:  Jo C. replied 4 years ago.
I wouldn't be able to help with that I'm afraid. Thats an immigration question and not my area.