Thanks Mmma!

[1337Gr33n]

ahh the joys of semi-anonymous electronic communication and misunderstanding. glad you guys seemed to have come to an understanding. you both sound thoughtful, mature, and intelligent. glad to see the thread ending that way.

[Mykul]

None of those three items is a date.

 

I both understand and agree with you. Unfortunately my Judge and DA did not, saying that since I did not possess the card at the time I have no leg to stand on. The DA went as far as to say (in his report) that the reason I didn't meet section 8 was because I didn't meet the qualifications of section 7.

It was my understanding that section 8 was independent of section 7 (which I wasn't in compliance with because I had no card at the time)

 

I'm through relying on my (FORMER, I fired him) attorney and am trying to stockpile ammunition, so to speak, that I can use to refute these (obviously erroneous and misinformed) DA's, judges, or anyone else I have to convince and honestly, if my only argument is "Well, it's not dated", then it sounds pretty flimsy.

I understand that it is not flimsy, I just don't want it to sound that way.

 

Now that my case is over and there is no danger of further repercussions, I am looking into what I can do to become more active in the defense and voice of the mmj community. I want to be able to write articles and to put forth things that are capable of changing the minds of the powers that be, I can't do that until I completely understand the issue. I am currently researching precedent about the date issue. I want to be able to say "Your honor, in 'the people v whatever", it was ruled that because no active date was mentioned, the law is retroactive.

I know that we are right. I am 100% sure of it. I just want to be able to explain why.

 

 

This part is info for people who haven't read the other thread. I know you have PB, because you answered it.

 

From my actual AD defense denial:

 

"The Defendant was not in possession of a valid registry identification card allowing him to possess marijuana nor was he issued a valid registry identification card. Because the Affirmative Defense requires compliance with section 7, and section 7 requires compliance with the provisions of the act, and because the provisions of act (sic)require a valid registry identification card to avoid prosecution, the Defendant is subject to prosecution."

[Mykul]

 

Why take it personally? Fear .. I fear having the attempt to lend a helping hand being used against me.

 

Weren't you claiming that your attorney tricked you into a plea?

 

I was half expecting the same stuff for me.

 

I apologize and, re-reading the thread, I can totally see where you might get that.

let me clarify:

I am a 41 year old adult. I feel that I was bullied into a guilty plea, I feel my lawyer overemphasized the potential consequences of not pleading guilty. His intent was not, I believe, malicious, he just didn't really care what happened, as he'd already been paid and just wanted to be done with it.

You say it was fear that motivated our misunderstanding. I totally get that, it was fear that motivated my guilty plea. Fear and fatigue. I was tired of the court visits, tired of the weekly JAMS a.m. only testing, tired of all of it. So I, and I alone, made the decision to allow him to plead me guilty (when he advised that it would be best thing to do.) I changed my mind the same day, but by then it was just too late, the plea had been entered already. The judge said I had plead of my own accord and that there was no constitutional precedent that forced her to withdraw my plea and so it would stand. Much as I hate to admit it, she was right.

I DO blame my lawyer for not trying hard enough. I DO think a hundred things should have been done differently in my case. I do feel a bit railroaded.

 

The plea however,and every other action I personally take, is all on me.

 

 

Hope this clears it up.

[peanutbutter]

and because the provisions of act (sic)require a valid registry identification card to avoid prosecution, the Defendant is subject to prosecution."

 

And I said that the voters directly said "yes" to the idea of unregistered, legal use of marijuana.

 

Direct question to the voters and directly answered "yes."

 

Since that is the question that the voters said "yes" to, then the conclusion reached above is in error.

[Mykul]

And I said that the voters directly said "yes" to the idea of unregistered, legal use of marijuana.

 

Direct question to the voters and directly answered "yes."

 

Since that is the question that the voters said "yes" to, then the conclusion reached above is in error.

 

I completely agree. I'm preparing something right now to give to my lawyer to help explain the issue. (although this one seems like he's going to be a lot more helpful than Richard Lustig, who did nothing for me that I couldn't have done by representing myself. (Well, had I represented myself, I would have went for 7411, so Richard Lustig, in my opinion, is a terrible lawyer and should not be hired by anyone even thinking of presenting the AD.)

(are you getting the idea of how bad I thought my lawyer, Richard Lustig, handled my case? ))

 

In any case, thanks PB, I am forwarding this to my lawyer.

[Mykul]

So I forwarded our discussion (and one from another thread here.)to my new lawyer Shawn Smith (shawnthelaw.com).

He went over it and agreed that it was correct. He then gave me two prices.

The first one would be to get it classed as 7411 (like my old lawyer SHOULD have)

the second price was to get it completely dismissed.

I picked the first one, as it was mainly the not being able to drive that was the big problem...everything else was just inconvenient.

Took him three (yes three) days to get my probation bumped down to 7411, which means no license suspension.

 

I firmly believe that had Shawn been my lawyer from the start, I would be telling a very different story.

 

So, not the happiest ending possible, but certainly one I can live with.

 

 

Now on to some activism...I'll be finding a group in hazel park and seeing where we can go from there...I want to make sure this stops happening to people.

[1337Gr33n]

glad to hear you have a more positive outcome that you had expected a couple of weeks ago.