Advice Needed For Pretrial In Two Days- Will Be Using Court Appointed Representation

[compassionatesoul]

I am a 45yr old man with no criminal record up until this year. I've helped raise two daughters to become outstanding humans, earned an MBA (in pursuit of a PhD currently) and had 9 years of 6 figure income in the 00's. The last seven years have been rough...unemployed for most of that time- many of my problems might be related to a close head injury I received when I was carjacked and beaten severely. I have no available funding for a paid attorney.

 

In Aug of this year, I called the police on an incident where I was involved in an altercation with the son of the homeowner where I rent. Basically a slap fight when he tried to forcibly remove/evict me. I was arrested because I was wearing my class ring which caused drew blood on his lip. I agreed to 6 months non reporting probation with the incident removed from my record to spare everyone the hassle of trial. When I arrived at Oak Park probation orientation last Friday the 15th of Oct, everything seemed fine until I was ready to leave. The probation officer let me know that there was a warrant for my arrest and that OC Sheriff would be taking me into custody. The charge is intent to deliver/manufacture marijuana (4 yr felony). I spent 74 hours in OCJ before being released on personal bond and my pretrial was set for the 26th. The arrest stems from a raid on my landlord in Huntington woods. She is a law abiding citizen but booth of her sons are heroin users. HWoods PD and FD have been called to the home 7+ times and have made it clear they want her to move. So in Feb of this year the OC NET team burst in and found less than 3 grams of marijuana in a common area but closest to the room I rent. No tickets were issued and I thought that was the end of it. The homeowner has a civil suit filed. One son was arrested for heroin paraphernalia and the other is in a 3/4 house. I suspect that the son that was not arrested got into trouble and felt the need to become a CI. The warrant for the raid was specifically for Marijuana. I was told that a tip led to the police checking the homeowners garbage the night before the raid and that they found two small baggies with residue and that the raid warrant was given based on that fact.

 

On Sept Th I sent all paperwork and a $100 check for my MM MP registry card. On Sept 19th, the State of Michigan deposited the check and I have a copy of the cleared check. I will also be calling the dept of community health to see if I can get a letter of approval for court on Tues.

 

Questions-

 

Can I use the affirmative defense in district court to ask for a dismissal or is this something that is done in circuit court?

What is the probability that a court appointed attorney can successfully defend me here?

What info besides my MMMP info should I download/print/bring to court to assist my court appointed attourney in winning a dismissal?

Has my probation for the fight in Aug been violated already?

Should I call my probation officer to tell him I am a MMMP patient or just present the paperwork to the clinic where I will be randomly tested(condition of the 6mo assault probation)?

Any and all advice is very much appreciated.

 

Sincerely,

Compassionatesoul

[Bisharoo]

You will get some good advise and some not so good here. Compassionate people with real solutions will try to help, just be careful as a few human beings here will try to manipulate your situation to use it for their purposes. You will be able to tell the good guys from the bad ones. Listen with and to your heart while reading responses from your fellow humans.

What a travesty for you if these details are accurate. There is no excuse for anything like this to happen to human beings who have done no harm to others.

May you find the way that will work the best for you and others...

[DenturesLost]

Questions-

 

Can I use the affirmative defense in district court to ask for a dismissal or is this something that is done in circuit court?

What is the probability that a court appointed attorney can successfully defend me here?

What info besides my MMMP info should I download/print/bring to court to assist my court appointed attourney in winning a dismissal?

Has my probation for the fight in Aug been violated already?

Should I call my probation officer to tell him I am a MMMP patient or just present the paperwork to the clinic where I will be randomly tested(condition of the 6mo assault probation)?

Any and all advice is very much appreciated.

 

Sincerely,

Compassionatesoul

What is your ailment?

Did it exist at the time of the raid and can you show documentation to prove that?

[compassionatesoul]

What is your ailment?

Did it exist at the time of the raid and can you show documentation to prove that?

 

My ailment is a lower back injury. I did have surgury in 1999 to correct but the pain still lingers and would have had another surgury but it is not an option without health insurance. I have the scar and will get the MD info ready. thank you

[smokeythebear]

A guy in town got pulled over with a small amount on him, he got a poss. charge that they dropped to usage. he was getting his rec. in less then a week.

 

he went and got his card and brought that paper work, a copy of the law with the AD part highlighted and a copy of the MSP memo i attached.

 

she said" well looks like everything here is legal so we wont be needing to test you" and i dont see any reason for you to be here so i'll let the judge know" if you agree to pay the fine we'll just let ya off today.

 

he was happier then a dog in poo that he can still use his card he didn't care about the guilty charge.

 

the PO was just wanting the money and she knew with that paper work it HAS to be thrown out.

 

 

 

 

this is a case that just happen. your rights are given to you for a reason dont bend over and take it like most people would. we are walking new ground here with this MMJ law and we need to fight to keep it.

 

 

best of luck to ya and if they go by the law, ya should be ok.MSP_Legal_Update_No._69_259822_7.pdf

[jsburn]

i know a patient in similar circumstance. his judge would not allow medical mj as a defense in the trial. its been in the coa for about 6 months. ongoing for about 2 years. maybee you will have a better judge.

[+Annnie]

It is my understanding from having participated in other conversations on this subject that an attorney must be willing to present an affermative defense and request to dismiss based on using an affermative defense. To show the validity of such a defense the lawyer must prove three things. 1. That at the time of your arrest you had a qualifying condition. (not at the time of getting the card.. but at the time of arrest) So as you stated bringing your previous records that prove you were a qualifying patient at the time of arrest is key here. 2. That a Dr has stated you are likely to recieve theraputic or pallative benifit from using MM.(the Drs.recomendation)

3. That you didnt have more than was medically nessesary to treat your condition.

If you have a court appointed attorney you are probably going to have to spell this out for them. I will try to find more links and post when i do..

[+Annnie]

Here is a good example of what your lawyer is going to have to do to get an aff defense to work.. Hopefully because as anyone here will tell you it is going to depend on the attitude of the judge.. Gl to you..

 

http://michiganmedicalmarijuana.org/topic/24862-people-v-applebee/page__p__223156__fromsearch__1#entry223156

[old-hobo]

IMO people should STOP waisting their own money to defend themselves. I think that EVERYONE should PLEAD NOT GUILTY and get a court appointed lawyer. when you have a QULIFYING CONDITION and Dr. documented, you are(should be) protected using the AD. WE NEED the police,PA's and these ZELLUSE judges to start OBEYING THE LAW. hit them where it REALY HURTS. IN MY OPPINION.

[+RevThad]

IS or was the marijuana yours? This is also a very important detail, that was not included above. If not then the defense is fairly obvious.

 

If it was yours:

 

Mr. Komorn suggested this past week on the radio show that becoming registered would kick in the other protections under the law, even if the arrest occurred prior to the registration. I gathered that this would be based on the qualifying condition being "chronic" and the registration and doctor's certification would prove that the condition existed at the time of arrest. A registered patient is protected from prosecution for medical marijuana as long as they meet the gateways, however in some areas around the state PAs and judges are testing and or ignoring the protections provided by the MMMAct.

 

SilverBlue hit on the qualifications for the AD, and they are:

 

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

emphasis added

 

It is a tough spot to be in, and I am sorry to hear of your situation and what has lead up to it. I wish you the very best.

[freemannabis]

IMO people should STOP waisting their own money to defend themselves. I think that EVERYONE should PLEAD NOT GUILTY and get a court appointed lawyer. when you have a QULIFYING CONDITION and Dr. documented, you are(should be) protected using the AD. WE NEED the police,PA's and these ZELLUSE judges to start OBEYING THE LAW. hit them where it REALY HURTS. IN MY OPPINION.

 

I completely agree with everything you just pointed out.

 

One of the things that REALLY "BOTHERS" ME is when the Anti-FREES use their word-weapons of unsubstantiated, if not downright untruthful, harmful statements of so-called "Law" to drag innocent victims of police-state oppression into their lawless Admiralty "Courts".

 

Such as: "The People of The State of Michigan" v ________".

 

If, as we know, 63% of Michigan voters (a majority of registered voters { and just WAIT until all the "lazy potheads" and "dopers" remember to stand-up and be accounted for, eh?!} in every one of Michigan's 83 counties) overwhelmingly have chosen to "lawfully" ensure that "The People of The State of Michigan" immediately stop prosecuting and persecuting "The People of The State of Michigan" for the "Medical Use of Marihuana," why is it still happening?

 

The answer? Malfeasant "Law Enforcement" and corrupt politicians falsly acting "on behalf of 'WE the (actual) PEOPLE' of 'The STATE' of Michigan".

 

Time for a real change is sooooo long overdue.

 

And, so is a Class-Action Lawsuit.

 

"WE The People v The State".

 

http://www.amazon.com/State-vs-People-American-Police/dp/096423047X

 

Under such incomprehensible government statutes, every victimized resident-patient-citizen of Michigan need lawfully as rightfully be entitled to a "Public Defender" against Michigan / America's violently anti-social "Police State".

 

http://coa.courts.mi.gov/rules/documents/5MichiganRulesOfProfessionalConduct.pdf

 

Yes, as a Michigan / American citizen undergoing chronic pain and suffering, you are certainly entitled to utilize the "Affirmative Defense" of the Michigan Medical Marihuana Act.

 

That happens, according to the statutes of the MMMA, section 8, at an "evidentiary hearing" to be held before "any prosecution" further takes place.

 

Sad to say, it is generally at this point in "their game" that "The State's" so-called "lawful" act of commiting "any pending prosecution" that "the State" generally acts to "drop" (like a hot potato) their unjust, inhumane charges, unfortunately "without prejudice," (which, even more sadly, means that "the State" then can use the silently impending, harsh threat of "time-release prosecution" to have the "right" to reinstate charges at a later date, rather than run the immediate risks of the likelyhood of having an honest, compassionate jury of our (true) representatives of our peers of "WE The People of The State of Michigan" tossing their unjust prosecution out the door - for good! That is, the real "Common Good" of The (actual) People of The State of Michigan.

 

Of course, this point in the game is usually where malfeasant "public officials," such as certain ones of Oakland County, will start turning the screws of coercive mis-justice, in order to painfully force another victim of "the System" into signing away ones' "Constitutional Rights" in what is commonly mislabeled as a "Plea-Bargain".

 

(A "perfect oxymoron," if ever there was one!)

 

Then, the tyrants will do their best to get you to lie and say that no "Officer of The Law" or "Agent of The Court" has coerced you into giving-up "Your Rights".

 

Don't let "The State" Dictators (maquerading as "WE The People") do this to you; It not only hurts you and yours, it also hurts the freedom and choices of all of "WE The People" of "The State" of Michigan / America.

 

Peace on Earth.

 

Good Will toward everyone.

 

FREE The CURE!

 

SHARE The HARVEST

[Rx-Buds]

I am a 45yr old man with no criminal record up until this year. I've helped raise two daughters to become outstanding humans, earned an MBA (in pursuit of a PhD currently) and had 9 years of 6 figure income in the 00's. The last seven years have been rough...unemployed for most of that time- many of my problems might be related to a close head injury I received when I was carjacked and beaten severely. I have no available funding for a paid attorney.

 

In Aug of this year, I called the police on an incident where I was involved in an altercation with the son of the homeowner where I rent. Basically a slap fight when he tried to forcibly remove/evict me. I was arrested because I was wearing my class ring which caused drew blood on his lip. I agreed to 6 months non reporting probation with the incident removed from my record to spare everyone the hassle of trial. When I arrived at Oak Park probation orientation last Friday the 15th of Oct, everything seemed fine until I was ready to leave. The probation officer let me know that there was a warrant for my arrest and that OC Sheriff would be taking me into custody. The charge is intent to deliver/manufacture marijuana (4 yr felony). I spent 74 hours in OCJ before being released on personal bond and my pretrial was set for the 26th. The arrest stems from a raid on my landlord in Huntington woods. She is a law abiding citizen but booth of her sons are heroin users. HWoods PD and FD have been called to the home 7+ times and have made it clear they want her to move. So in Feb of this year the OC NET team burst in and found less than 3 grams of marijuana in a common area but closest to the room I rent. No tickets were issued and I thought that was the end of it. The homeowner has a civil suit filed. One son was arrested for heroin paraphernalia and the other is in a 3/4 house. I suspect that the son that was not arrested got into trouble and felt the need to become a CI. The warrant for the raid was specifically for Marijuana. I was told that a tip led to the police checking the homeowners garbage the night before the raid and that they found two small baggies with residue and that the raid warrant was given based on that fact.

 

On Sept Th I sent all paperwork and a $100 check for my MM MP registry card. On Sept 19th, the State of Michigan deposited the check and I have a copy of the cleared check. I will also be calling the dept of community health to see if I can get a letter of approval for court on Tues.

 

Questions-

 

Can I use the affirmative defense in district court to ask for a dismissal or is this something that is done in circuit court?

What is the probability that a court appointed attorney can successfully defend me here?

What info besides my MMMP info should I download/print/bring to court to assist my court appointed attourney in winning a dismissal?

Has my probation for the fight in Aug been violated already?

Should I call my probation officer to tell him I am a MMMP patient or just present the paperwork to the clinic where I will be randomly tested(condition of the 6mo assault probation)?

Any and all advice is very much appreciated.

 

Sincerely,

Compassionatesoul

 

 

You have the cart in front of the horse. Your lawyer will receive a copy of the police report which will describe the charges and the relevant facts. At that point you will determine how to proceed. I'll tell you though, it sounds as if there is a great deal missing from your story. you obviously live in a house with a lot of crazy stuff going on.

[compassionatesoul]

You have the cart in front of the horse. Your lawyer will receive a copy of the police report which will describe the charges and the relevant facts. At that point you will determine how to proceed. I'll tell you though, it sounds as if there is a great deal missing from your story. you obviously live in a house with a lot of crazy stuff going on.

 

I am touched by the generosity and support from the members of this community. Thank you all SO much and I look forward to working together to ensure injustice and corrosive moral subjectivity can be seen by all for what it is and the collateral damage it causes to so many. My story is real and I have nothing to hide or be ashamed of.

 

It is true that I used to live in a house with a lot of crazy stuff going on where reality was stranger than fiction. I have issues with creating healthy boundaries and looking for opportunities to become a hero. I got the chance to help a 15yr old addict kick heroin but it took three years of constant attention. I did believe that I could help this family but their problems run too deep/wide and I did get caught in the backlash this disease causes.

 

Here are a few for examples of facts that I left out for the sake of brevity:

 

I did not admit to owning the >3 grams and DO NOT sell or distribute. NOT AT ALL!!!. It was not found on me or my person. Why would this charge come down on me? Must be that I touched the bags or a CI. IF CI than only two brothers knew and one never got in trouble. Would this make a reliable CI since he is still using and has been to rehab 8 times? Is it ok to use the police to seek revenge on a unscrupulous brother?

 

During the month of January, the older brother spends 30 days in OCJ for a probation violation. He returns home first week in feb to find his younger brother is now in a relationship with his girlfriend and has in fact introduced her to heroin. He has been talking with her every day in jail. I believe that his enormous sense of self preservation combined with his near inability to empathize with others caused him to believe that he could solve two problems (win back girl/get out of jail) by becoming a CI. I do not know this but I will find out tomorrow. His brother was arrested three weeks ago for the feb raid but the older brother did not. The mother does not believe that the son could be the CI, she thinks the parents of the girl dropped a tip or caused the raid somehow. Not sure why he would let me be harmed but he has always talked about how he would love to move into the room I lived with his girlfriend.

 

Not sure why they charged me with distribution but these facts may come into play: 1-If the older brother was the CI than it should be known that Marijuana was the ONLY medicine that was effective in keeping him from being sick and staying sober. I did not provide him with this relief but he did know where to find it. 2-The marijuana found was kept in 4-6 small bags. Each of these contained 1/2 to near one gram but none of them were a uniform weight measure(the grower was showing off best buds). 3- the bags had hand written numbers and I believe some had numbers in the teens. I don't think that there was any pattern to the bag numbers taken but they may have inferred that numbers below, in between and possibly above were lurking nearby. 3- a scale was taken. It was used for ebay shipping when I sold 66 items during January alone.

 

I will let update after my 1pm date tomorrow....

[lawyercaregiver]

OK, I was not sure what was going on until your last post updating without the brevity! If I understand it the CI you mention would be lying? That was not entirely clear although you deny dealing or possessing. I think it is unlikely they took prints off the bags but I suppose anything is possible. Are you sure you didn't leave out something like they found the pot under your pillow?

 

I would absolutely refuse to plead on this one. Make your court appointed lawyer try the case or dismiss the charges. The heroin junky bro is not going to show up to testify so bring it on.

 

As for dropping the trump marijuana card it is truly a wild card. You may want to hold onto it for now (but tell your lawyer for sure!!). If the facts are as you state them then this should go by by unless something can tie you to the pot. I certainly would not let a heroin fueled relation force you to plead. Make the SOB's bring in their informant and testify- that should be interesting at least.

 

Also, make sure you read YOURSELF all the discovery the prosecutor hands over to your lawyer. Don't go through it and comment every paragraph but feel free to take notes and talk to your lawyer about your notes in the hallway or conference room. Then, make your lawyer explain the discovery to YOU so YOU (and he) understands it.

 

Good Luck!

[Dubliner]

compassionatesoul - In Aug of this year, I called the police on an incident where I was involved in an altercation with the son of the homeowner where I rent. Basically a slap fight when he tried to forcibly remove/evict me.

 

This in It's self is a Clear Violation of Michigan Law , That Being a "Self Help Eviction" . Check in your area and see if you have a Tenants Resource Legal Center & or Contact the Michigan Attorney Generals Office and ask them for Representation and a copy of the Self Help Eviction Laws. You may be Pleasantly Surprised of the Violations for the Landlord Not Following the Michigan's Eviction Law Legal Procedures .

 

Good Luck & Give em Hell ,,,

[peanutbutter]

First off ..

 

This issue has nothing to do with the way that you were using the marijuana.

 

The only issue is that you had the marijuana.

 

Since the issue has nothing to do with the way that you were using, the doctor is not needed to testify.

 

Your ID card is evidence that a doctor gave you a letter of recommendation.

 

Please don't out your doctor or caregiver to the courts if you don't need to.

 

You have a license to have the marijuana, issued by the state.

 

If you agree to a guilty plea for some small charge, you might be giving them proof (by the plea deal) that you violated your probation.

 

Based on what you have told us here, you are innocent.

[old-hobo]

I'll say it AGAIN. If you have a qulifying condition and documentation with your Dr. THERE IS NO REASON TO EVER TAKE A PLEA. Please all who read posts on this site,take EVERYTHING with a grain of salt( unless it is well documented). JUST SAY NO(not guilty) Dont be intimidated by them. STAND UP FOR LEGAL RIGHTS.people are to quick to take a plea just to end the MADNESS. This was and IS the reason the people that drafted OUR LAW put in the A.D. it works and dam well at that, Im not the only one on here that used this wonderful defence and beat them at their little petty game of CAT AND MOUSE. NEVER GIVE IT TO THESE TYRANTS.

[compassionatesoul]

Little to report today; met temp court appointed attorney and we spent less then 5 mins in front of the judge. He advised me not to wave the pretrial discovery so I am scheduled again in Oak Park on Thursday where I will meet my "full time" attorney. My co-defendant (younger brother) who I have a no contact order with stemming from the altercation in Aug is also set for that time. There is no animosity between us; just sadness and pity since heroin has cost him the chance at creating any lasting relationship. During the raid, the younger brother was physically abused and eventually charged him with three felonies: 1- Intent to sell his prescription meds(adderall), 2- heroin residue on a spoon, 3- possession of anabolic steroids. He has been to OCJ 3X for small drug and violation charges of his bond was set to $25K at beginning of the month when he was picked up and remain until this passes. His mother has hired a friend of the family lawyer who I suspect is way overpaid and ineffective/inexperienced in this area of law.

 

I got a chance to look at some of the paperwork and I was amazed that I could be charged with a four year felony when there is no proof; just high stakes guessing. The papers I read today appear to be an accurate account of the incident. I am only mentioned in one small paragraph where it was mentioned that I flatly denied possessing or distributing. I learned that the warrant started with a tip from a "reliable source" that the older brother was selling marijuana. Police searched the trash and found two small baggies with residue. 16 hours later we were visited by the SWAT team. My name was never mentioned through this process. I assume that I was charged because older brother told members of the OC NET team that the seized goods were mine(recorded on the docs I saw today). The decision to charge me may have also been made because I shared a basement room in this home with my girlfriend (also a MMMP) and the 8.grams were found in a common area adjacent to our bedroom.

 

I am concerned a bit after my first meeting to report in for drug testing with "Results" in Troy. I disclosed that I am a registered MMMP patient and the OC deputy did not have sympathy. He told me that to expect a problem with my medical use and that I would not be able medicate while on personal bond throughout the ordeal. I don't think they would violate my bond and make me defend from jail; do you?

 

Are you aware of any support/community that assist addicts like the brothers mentioned above in overcoming discrimination/ punishment because of their addictions. I'm not sure what they need but it is certainly not jail and there must be survivors that are leading the way. There must be a community out there built on the passion/conviction/intelligence/compassion of members who have been there and survived?

[bobandtorey]

Little to report today; met temp court appointed attorney and we spent less then 5 mins in front of the judge. He advised me not to wave the pretrial discovery so I am scheduled again in Oak Park on Thursday where I will meet my "full time" attorney. My co-defendant (younger brother) who I have a no contact order with stemming from the altercation in Aug is also set for that time. There is no animosity between us; just sadness and pity since heroin has cost him the chance at creating any lasting relationship. During the raid, the younger brother was physically abused and eventually charged him with three felonies: 1- Intent to sell his prescription meds(adderall), 2- heroin residue on a spoon, 3- possession of anabolic steroids. He has been to OCJ 3X for small drug and violation charges of his bond was set to $25K at beginning of the month when he was picked up and remain until this passes. His mother has hired a friend of the family lawyer who I suspect is way overpaid and ineffective/inexperienced in this area of law.

 

I got a chance to look at some of the paperwork and I was amazed that I could be charged with a four year felony when there is no proof; just high stakes guessing. The papers I read today appear to be an accurate account of the incident. I am only mentioned in one small paragraph where it was mentioned that I flatly denied possessing or distributing. I learned that the warrant started with a tip from a "reliable source" that the older brother was selling marijuana. Police searched the trash and found two small baggies with residue. 16 hours later we were visited by the SWAT team. My name was never mentioned through this process. I assume that I was charged because older brother told members of the OC NET team that the seized goods were mine(recorded on the docs I saw today). The decision to charge me may have also been made because I shared a basement room in this home with my girlfriend (also a MMMP) and the 8.grams were found in a common area adjacent to our bedroom.

 

I am concerned a bit after my first meeting to report in for drug testing with "Results" in Troy. I disclosed that I am a registered MMMP patient and the OC deputy did not have sympathy. He told me that to expect a problem with my medical use and that I would not be able medicate while on personal bond throughout the ordeal. I don't think they would violate my bond and make me defend from jail; do you?

 

Are you aware of any support/community that assist addicts like the brothers mentioned above in overcoming discrimination/ punishment because of their addictions. I'm not sure what they need but it is certainly not jail and there must be survivors that are leading the way. There must be a community out there built on the passion/conviction/intelligence/compassion of members who have been there and survived?

 

How sad this story is am sorry about what happen to you i would not be surprised of any thing inn Oakland County am not sure if you have read any of my post but long story short we are in court also

and have been for 21 mounts mow i wish you luck with every thing but it may take a lot of time for it to be over 'sorry'

[Rx-Buds]

Little to report today; met temp court appointed attorney and we spent less then 5 mins in front of the judge. He advised me not to wave the pretrial discovery so I am scheduled again in Oak Park on Thursday where I will meet my "full time" attorney. My co-defendant (younger brother) who I have a no contact order with stemming from the altercation in Aug is also set for that time. There is no animosity between us; just sadness and pity since heroin has cost him the chance at creating any lasting relationship. During the raid, the younger brother was physically abused and eventually charged him with three felonies: 1- Intent to sell his prescription meds(adderall), 2- heroin residue on a spoon, 3- possession of anabolic steroids. He has been to OCJ 3X for small drug and violation charges of his bond was set to $25K at beginning of the month when he was picked up and remain until this passes. His mother has hired a friend of the family lawyer who I suspect is way overpaid and ineffective/inexperienced in this area of law.

 

I got a chance to look at some of the paperwork and I was amazed that I could be charged with a four year felony when there is no proof; just high stakes guessing. The papers I read today appear to be an accurate account of the incident. I am only mentioned in one small paragraph where it was mentioned that I flatly denied possessing or distributing. I learned that the warrant started with a tip from a "reliable source" that the older brother was selling marijuana. Police searched the trash and found two small baggies with residue. 16 hours later we were visited by the SWAT team. My name was never mentioned through this process. I assume that I was charged because older brother told members of the OC NET team that the seized goods were mine(recorded on the docs I saw today). The decision to charge me may have also been made because I shared a basement room in this home with my girlfriend (also a MMMP) and the 8.grams were found in a common area adjacent to our bedroom.

 

I am concerned a bit after my first meeting to report in for drug testing with "Results" in Troy. I disclosed that I am a registered MMMP patient and the OC deputy did not have sympathy. He told me that to expect a problem with my medical use and that I would not be able medicate while on personal bond throughout the ordeal. I don't think they would violate my bond and make me defend from jail; do you?

 

Are you aware of any support/community that assist addicts like the brothers mentioned above in overcoming discrimination/ punishment because of their addictions. I'm not sure what they need but it is certainly not jail and there must be survivors that are leading the way. There must be a community out there built on the passion/conviction/intelligence/compassion of members who have been there and survived?

 

 

My best advise is to stop posting here. They likely have some controlled buys you will learn of during discovery. Just do what your lawyer tells you. It kind of sucks that you are on probation and likely violated. But your lawyer might be able to get you a good deal. You just don't want to stand trial on felony charges. Listen to your lawyer.

[lawyercaregiver]

I am concerned a bit after my first meeting to report in for drug testing with "Results" in Troy. I disclosed that I am a registered MMMP patient and the OC deputy did not have sympathy. He told me that to expect a problem with my medical use and that I would not be able medicate while on personal bond throughout the ordeal. I don't think they would violate my bond and make me defend from jail; do you?

 

Yes they would.

 

If you want to medicate it better not be in your bond order (and it almost always is) or they will violate you.

 

I would only listen to your lawyer if he is prepared to go to trial on this case. The facts you presented show no evidence of you being guilty of squat.

[+RevThad]

My best advise is to stop posting here. They likely have some controlled buys you will learn of during discovery. Just do what your lawyer tells you. It kind of sucks that you are on probation and likely violated. But your lawyer might be able to get you a good deal. You just don't want to stand trial on felony charges. Listen to your lawyer.

WTF? Perhaps it would be in everybody's best interest if you followed your own best "advise".

[bobandtorey]

WTF? Perhaps it would be in everybody's best interest if you followed your own best "advise".

 

:goodjob:

[phaquetoo]

IMO people should STOP waisting their own money to defend themselves. I think that EVERYONE should PLEAD NOT GUILTY and get a court appointed lawyer. when you have a QULIFYING CONDITION and Dr. documented, you are(should be) protected using the AD. WE NEED the police,PA's and these ZELLUSE judges to start OBEYING THE LAW. hit them where it REALY HURTS. IN MY OPPINION.

 

 

yea i hear ya, but what sucks is the last court appt attny i used cost me 300 bucks, and ive had them cost more, goes by your income,,always start with a court appted attny, you can always fire them and hire your own, and a attny has to do what you tell them to do, you are the boss, they are just the go between, if they dont file a brief or do something you ask them to , you can call for a mistrial!

 

Good Luck!

Peace

FTW

Jim

[phaquetoo]

Yes they would.

 

If you want to medicate it better not be in your bond order (and it almost always is) or they will violate you.

 

I would only listen to your lawyer if he is prepared to go to trial on this case. The facts you presented show no evidence of you being guilty of squat.

 

 

your bond order usualy says no illegal substances, if your a pt. than mm is not illegal! Been there done that, smoked the whole time on prob!

 

Peace

FTW

Jim