Probation Violation For Non Payment Of Fees And Possession Of Plants

[bax]

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/12-13-Term-Opinions/144120%20Opinion.pdf

[Restorium2]

Right. Right. I know the case. Unlocked plants belong to the owner of the house. We still haven't determined the situation with the locks so you can't actually apply that. 

[Restorium2]

It would be easier to defend if all the stuff can be confirmed belonging to the roommate that wasn't on probation. Then you don't have to plead to the judge for the exemption for being on probation. 

[bax]

its not an exemption to probation, its a personal right.

 

the mmma does not say 'you are protected unless a judge says otherwise' it says 'you are protected AND all other laws (including probation laws) do not apply if they are in conflict with the mmma'.

[Restorium2]

its not an exemption to probation, its a personal right.

 

the mmma does not say 'you are protected unless a judge says otherwise' it says 'you are protected AND all other laws (including probation laws) do not apply if they are in conflict with the mmma'.

I'm saying this just for you bax so don't ever forget it;

 

I'm wrong, you are right, and it wasn't the first time and it will not be the last time(I hope).

Edited January 15, 2017 by Restorium2

[Joffrey]

No I did not have access I had no key to the room. I gave them a key to my home they then unlocked the basement door, I didn't even know the plants were there. They were there 6 days counting the day they were removed. I was shot in my back on the right side, the bullet went through and hit my left ring finger shattering it.

[Joffrey]

My roommate is willing to say they are his. He's signed a notarized statement saying they are his ave I had no knowledge they were there.

[Restorium2]

My roommate is willing to say they are his. He's signed a notarized statement saying they are his ave I had no knowledge they were there.

It's going to depend on what the prosecutor wants to do. If the plants weren't locked up, or you had the key(access to it), they can say they were yours. It's out of your hands, the circumstances will dictate where the case goes. We have tried to add some context and precedent for you to make it more predictable. 

Edited January 15, 2017 by Restorium2

[Restorium2]

If the cops had to get the key from the roommate to open the door to the plant room then you can say the plants were not yours. 

[Joffrey]

Here's the thing my case is in Oakland county I live in Detroit. The police came in and didn't even document how many plants were in the house. I guess they just seen that everything was legal ave said, "meh". In the report they only state that plants were found in the basement. I wonder how I can protect myself and they were so vague. I contend that everything was locked up per my roommates roommates statements. The predisposition hasn't said anything regarding how the plants were stored. Only that they were in the house. If this is the case then I should be protected by section 4 right? Especially since another card holder is willing to state on the record that all plants were his, in his area of control, and that I had no knowledge of their existence??!!

[Joffrey]

Prosecution not predesposition...

[Restorium2]

Your attorney would ask the officer under oath what they had to do to enter the plant room. If they kicked in the door or got the key from the roommate then you can make the case you didn't have access and they were not your plants. 

[Joffrey]

Gotcha

[Joffrey]

Is a plant in its vegetative state considered a controlled substance?

[Joffrey]

Or drug paraphernalia???

[Restorium2]

Yup, it always a controlled substance. If you are a patient you can say it's 'unusable' while it is growing or wet(not usable). So it's either in your 12 plants or your 2.5 ounce usable.

[Joffrey]

Got it!

[BirdHunter]

I'd never give the cops keys to my house under any circumstances, even if I was a crime victim in my own house. Look what happened, they victimized you again . You were better off not calling them. What a world.

[Joffrey]

Agreed... It's sad.... Now I'm not sure what I'm going to do...

[Timmahh]

get a good mmj lawyer.

 

luckily you are protected by the MMMA law.

 

print it out and show this part to the judge

 

mcl 333.26424

BUahahhahahhahahahahhhhhahhaa.

Sorry, Not laughing at you, just at your naivete.

Edited January 19, 2017 by Timmahh

[bobandtorey]

BUahahhahahhahahahahhhhhahhaa.

Sorry, Not laughing at you, just at your naivete.

lack of experience, wisdom, or judgment.---------?

[bax]

BUahahhahahhahahahahhhhhahhaa.

Sorry, Not laughing at you, just at your naivete.

says the guy who thought he could get enough signatures for a constitutional amendment... while said guy bunny muffin on the other 3 groups collecting signatures.

 

did you ever even release the number of sigs in total that abrogate collected, tim ?