My question involves criminal law for the state of: Florida
I live in my fathers house with my wife and kids. My father also lives here. We rent the top portion of the two story house from him and he lives in the bottom portion.
I am charged with posession with intent to distribute after the police department responded to an emergency at my house. There was allegedly a marijuana plant in my back yard (not visible from the front yard) that was discovered by the police. They came in to my house and basically intimidated us to sign permission to "look around" We all signed the sheet and they immediately brought in a drug dog. There was a garden found growing downstairs in my dads part of the house and also a few plants in the back yard. All three of us were charged with possesion with intent to distribute and possesion of drug equipment (I assume this charge came from the light and such). My dad and my wife have no prior criminal record and pled out. They recieved probation and my dad was convicted of the crime. My wife had her adjudication withheld. I chose not to plea and instead got my case continued so my legal help and I could go over the evidence. I have a plea date tomorrow and am considering a not guilty plea. Heres why:
There was no drugs or money found in any of the three room I rent from my father for myself and my kids. All of the contraband, less a couple of pipes, was found downstairs near my dads room. When we were separated and questioned by the detectives both my wife and myself stated that the plants belonged to my dad and my dad did not give a statement at all. Our stories matched that everything was his. He did not confirm or deny this fact on this day we were questioned. My dad is willing to testify that everything that was found belonged to him and we just rent the top part of the house from him. I had no contraband on my person at the time of the search.
It seems to me, and I am no expert, that the evidence they have against me is all circumstancial and does not prove that I was in possesion of any drugs much less intending to distribute. Also my public defender is filing a motion to supperess the eveidence citing that my 4th ammendment right was violated when the officers entered my back yard without permission, which caused the whole fiasco to begin with.
I was offered a plea deal by the state but the conditions of that deal involve me ending up with a felony conviction and probation for quite some time. I dont think that is fair considering the owner of the house has already been convicted of the crime and is willing to testify to it.
My question is: Do I have a pretty good chance of this case being judged in my favor? Or is there something I am missing here?
I dont want to take the deal unless there is no way we are going to win this case. Please tell me what you think. I dont think I deserve to be a convicted felon after my dad has already been convicted of it.

