Jacksonville’s citizens make mistakes that may lead them to the criminal justice system multiple times. However, no matter how many times the accused may have been convicted in the past, the evidence of the current crime must be the thing that shows one’s guilt or innocence, not past prior acts. One in this situation should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.
According to the Sun-Sentinel, James Sexton has been charged with manufacturing narcotics. Sexton was arrested while on his boat near Peanut Island, after a Florida Fish and Wildlife Conservation Commission Officer stopped him for not having his navigation lights on. When the officer boarded the boat, he found three buckets of what looked like psychedelic mushrooms, as well as tools used to grow the mushrooms. The officer subsequently arrested Sexton and confiscated the mushrooms and equipment.
Jacksonville drug crimes, typically involve repeat offenders or those with prior experience with drugs and the drug market. Many times, accused parties fear that a prior history can worsen one’s chances of going free; however, only the evidence of one’s current crime should prove that one is guilty, not prior acts with entirely different circumstances.
The evidence surrounding one’s charge can be one’s best friend or worst enemy in a drug crime. In this case, the type of drug that Sexton was accused of manufacturing, psychedelic mushrooms, allows him a lucrative defense. There are many different types of mushrooms, both legal and illegal that can be grown in a number of different climates and places. Sexton could have simply been attempting to farm edible, non-toxic mushrooms and was not aware of those mushrooms’ psychedelic effects.
Furthermore, in this case, the facts surrounding the finding of the drugs is suspicious. Many times throughout Jacksonville and surrounding areas, the people convicted for drug crimes of this nature were simply people who were careful, but not careful enough. In this case, based on the amount of time it would take for Sexton to acquire that quantity of mushrooms, and the gradual increase in networking required to establish one’s self as a decent buyer and distributor, Sexton would not be subject to such gross carelessness that he would get himself caught easily.
It would seem highly unlikely that Sexton would be careless enough to not conceal the mushrooms in a lockable container, cabinet or other container that the police would not be able to access without a warrant or boat impoundment. An experienced Jacksonville drug crimes defense attorney would look at this situation and see that there is a strong possibility that the drug seizure might have been illegal.
In a situation like this, if one obtained an experienced attorney to fight for one’s case, if there was enough information to show that the police seized the drugs illegally, one’s attorney could file a motion to suppress the drugs as illegally obtained evidence, and thus the drugs could not be used against the accused. If the court were to suppress the drug, one’s chance of being found not guilty tremendously increases. One will not be convicted of a drug crime if there is no drug.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Man found with ‘psychedelic’ mushrooms near Peanut Island, Ed Komenda, The Sun-Sentinel