Marijuana Arrests And Finger Print Cards

[jmorrison71]

Just 2 cents worth of advice for anyone that is arrested for a marijuana possession charge and is fingerprinted. I believe there is a form in the courts that allows your attorney to request this action in court.

 

If you are arrested for a possessing mm and end up being fingerprinted by the arresting police agency and then end up having your case dismissed always make sure your attorney requests your fingerprint card be destroyed and not filed with MSP. If you don't have your fingerprint card (it's actually done by computer now) destroyed and it ends up getting filed with MSP you will end up having an "arrest segment" listed on your criminal history in LEIN. While it won't show that you were ever convicted, adjudicated, etc it will show that you were arrested for "dangerous drugs" or something like that as entered by the police agency. You will also be issued a State I.D. Number also known as a SID number if you have never had a criminal history in the past. If you have been arrested in the past and have been fingerprinted it will be added to your SID number history on LEIN.

 

For many of you that would mean that anyone running your criminal history via LEIN, including some employer background checks, could potentially see that info. At the very least an investigating police officer would be able to see that information. Just another hurdle the system has set up to keep mm users down.

[budpuffer]

thanks for the heads up,i never would have thought about it,zb

[jmorrison71]

No problem. Most people don't think about that and some attorneys probably don't think of that. Most people (like myself) are so glad that the case was dismissed that you don't figure out there is still a record of the arrest on your criminal history until it's too late.

 

I found the actual form used for motioning the court. I'm not an attorney so please consult an attorney before submitting this motion to any court.

 

http://courts.michigan.gov/scao/courtforms/generalcriminal/mc235.pdf

[phaquetoo]

thanks for the heads up,i never would have thought about it,zb

 

 

ok good advise, may I add,

 

I got arrested for simple possesion, (special circumstances 2nd offense felony) let them arraign me, asked for a jury trial, and started the ball rolling, deiliverd subpeonas to witnesses, and the copies of such to the prosecutor. tried calling the prosecutor several times would not talk to me because i was representing myself, (i wanted to tell him I was an mm patient) did my pre lim, got a scolding or advise from judge about hobbies, dumb bunny muffin but bottom line was judge was telling me to get a lawyer because im not one! I simply said well your honor I will think about that, I have a few months to do that! 2 weeks before trial I request a court appt attny, they have to give me one. now the trial date is moved back a few months and there is now a discovery session, which wasnt offered me representing myself,,,I talked to the court appt attny on phone that day, told him i was a legal mm patient with only paper work now, he said fax him all of my info and hed take it to prosecutor, later that day i was told charges were dropped, got a letter in mail from court a few days later saying it was dropped because im a qualified mm pateint, dropped by request of prosecutor, and at the bottom of the court, judge signed paper it said all of my mug shots and finger prints will be destroyed within 6 weeks from the day of this notice,,It is a law they cant keep your finger prints if they drop charges, not saying they dont though!

 

I love my country but fear my government! and beleive me even though they dropped it, I will bet the farm that if I ever or when i go in front of a judge he will be reading about that incedent, even though charges went away!

[jmorrison71]

I believe it is a law that they have to destroy the fingerprints and arrest card but you can imagine how well that goes over with local police agencies. Not to mention that MSP are the ones that hold the records and maintain LEIN.

 

It's amazing how f'd up the courts are with many things including representing yourself in court. Personally I would always get an attorney whether it be a retained attorney or court appointed. Many times prosecutors will not be of any assitance without one that includes looking at plea deals with a defendant.

 

My main concern is for people that get arrested, fingerprinted, go through the arraingment process in court and then have the charges dropped. Many times the necessary paperwork to make sure your fingerprints get destroyed never gets taken care of in court. Since it looks like the local pd's are making arrests and then leaving it up to the courts to drop charges this could be an issue if something gets missed by anyone. I would imagine this is especially true for big pd's like Detroit, Flint, etc.

[phaquetoo]

I agree. best is to just try and stay underground with card, dont do anything dif than you did when you were not legal! dont draw attn to yourself!

[jpc5257]

This is excellent info to have, paperwork holder here, was approved & awaiting card. Never can get to much info about the little things that make so much, KNOWLEDGE IS POWER!

[Homes Labs]

good info, thanks!