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

[lawyercaregiver]

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

 

It's still illegal under federal law and you WILL be drug tested so it is taking a huge chance. You had a supportive, reasonable probation officer and judge but in my experience most PO's are not supportive and a whole lot of them are not reasonable. Same for judges. He can probably lose his bond if he tests positive and courts just LOVE to take your money (they are part of the government after all).

 

I assume you were up front with your PO and did not bring it up after the violation for dropping dirty?

[+RevThad]

It's still illegal under federal law and you WILL be drug tested so it is taking a huge chance. You had a supportive, reasonable probation officer and judge but in my experience most PO's are not supportive and a whole lot of them are not reasonable. Same for judges. He can probably lose his bond if he tests positive and courts just LOVE to take your money (they are part of the government after all).

 

I assume you were up front with your PO and did not bring it up after the violation for dropping dirty?

After researching this a bunch and speaking to a few folks it raises a couple of interesting questions from a theoretical point of view.

 

If marijuana is legal for a registered patient under state law, can a state judge punish a patient for violating federal law? It comes down to a weird dichotomy. The patient allegedly violated state sanctioned probation which is in place because of some violation of state law, by violating federal law. A state judge can not try nor sentence for violations of federal law, so how can they punish for violations of federal law, when there is no state law being violated?

 

At least one appeals court in another state has covered this very issue...

 

People v. Tilehkooh,

supra, 113 Cal.App.4th

 

 

"‘The State tribunals have no power to punish crimes against

the laws of the United States, as such. The same act may, in some instances, be an

offense against the laws of both, and it is only as an offense against the State laws that it

can be punished by the State, in any event.’

 

“Since the state does not punish

a violation of the federal law ‘as such,’ it can only reach conduct subject to the federal

criminal law by incorporating the conduct into the state law. The People do not claim

they are enforcing a federal criminal sanction attached to the federal marijuana law.

Rather, they seek to enforce the state sanction of probation revocation which is solely a

creature of state law. [Citation.] The state cannot do indirectly what it cannot do

directly. That is what it seeks to do in revoking probation when it cannot punish the

defendant under the criminal law.

 

It will be interesting to see how these things work out, unfortunately that will have to occur in the courts...

[compassionatesoul]

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.

 

Thank you for your concern. There is NO way that there are any controlled buys. None. I have nothing to be ashamed of or hide. I called my probation case manager just now. He seemed sympathetic and requested that I fax over my registry card information. He added that it will be up to the judge but his experience in oakland county tells him that I am not able to medicate and will not be able to.

[compassionatesoul]

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!

 

For clarity I should state a few things that I have learned since my court date yesterday. 1- I did think that the CI was the older brother but now know that he in fact was the one that the raid was targeting. The CI was likely a parent of a girlfriend he was dating. The older brother did find a small amount of perhaps residue on or near him in the raid. He offer up to the OC NET that he got it from me. I don't plan on pleading here. The whole situation is an injustice on several fronts. I compromised and pleaded with the assault charge earlier thinking it would be easier and less stress but I learned (and am learning) that probation is very costly.

[compassionatesoul]

After researching this a bunch and speaking to a few folks it raises a couple of interesting questions from a theoretical point of view.

 

If marijuana is legal for a registered patient under state law, can a state judge punish a patient for violating federal law? It comes down to a weird dichotomy. The patient allegedly violated state sanctioned probation which is in place because of some violation of state law, by violating federal law. A state judge can not try nor sentence for violations of federal law, so how can they punish for violations of federal law, when there is no state law being violated?

 

At least one appeals court in another state has covered this very issue...

 

 

 

It will be interesting to see how these things work out, unfortunately that will have to occur in the courts...

 

Thanks again, I'm impressed with your depth and breadth of knowledge here. I've been listening to the archived Planet Green Tree shows and look forward to meeting you and others that post here soon.

[compassionatesoul]

your bond order usually 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

 

I agree with you here and thats approach I am taking. I have a bona fide relationship with my doctor and his treatment is effective. My condition is severe and legit; degenerative cartilage in my spine with one documented surgery and several additional procedures since including cortisone shots, muscle relaxants and pain killers. I do not like the effects of narcotic pain killers on my mind and body. It seems so ignorant base on what we know about the hazards of opiate drugs that they are allowed by the courts for medicinal use but my preferred treatment that does not lead down a destructive path is blocked. 'm certain that I could be prescribed a ongoing mind numbing dosage of Vicodin or Oxy and that would be fine with the courts.

[compassionatesoul]

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 appointed 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 don't file a brief or do something you ask them to , you can call for a mistrial!

 

Good Luck!

Peace

FTW

Jim

 

I will attempt to become as well informed and current on this subject as possible. It will be interesting to find out from personal experience if the average citizen can win justice while working from a financial disadvantage. I do have an advantage over many that will find themselves in a similar situation in that I have a proficient level of technical capability and have been trained in gathering data, developing strategy/tactics and supporting the success of action plans. There are many random variables that effect the outcome in each case but I suspect that access to resources in the one that is most significant. Fighting this charge from a jail house would be horrible.

[compassionatesoul]

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 falsely 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 committing "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 likelihood 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 (masquerading 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

 

 

The "hurt" in my case in many others goes much deeper than is generally recognized. I'm going to attempt to quantify and detail some of the variables that might go under headings of COLLATERAL DAMAGE and OPPORTUNITY COSTS. These factors can only be estimated so they are often overlooked. An example; I was scheduled to volunteer on Tuesday and had to cancel. What $ can you put on dedicated time and attention with a needy child? I went through considerable trouble trying to find a ride for my daughter during my next hearing tomorrow. No luck and she will not be attending her soccer game. What could have been accomplished had OCS Dept used resources effectively to protect and serve? How many violent crimes or fraud victims could have been spared? Too many.

 

HERE IS A VERY CLEAR WASTE OF OUR RESOURCES IN OAKLAND COUNTY- I now have been tested twice in two days ($34 + $5gas) and spent 45 min with the young man who charged with collecting samples. It was an intelligent conversation and an eye opener into the perspective/attitudes of Oakland county law enforcement. I understand/accept his doubt or reluctance to accept the facts as they are in my story. Most of the comments he made that might have sounded insensitive to a third party were based on ignorance. He has never meet anyone like me that in his mind didn't deserve it. This sort of prejudice is widespread in OC. It knowledge must be mixed with experience to create wisdom and like most people in leadership positions in Oakland County that are blocking the civil liberties of fellow citizens; lack of one of both factors were the cause insensitivity/bias/prejudice. This kid was very well spoken, insightful and intelligent which left me thinking what the real cost + opportunity costs are to staff AN OAKLAND COUNTY DEPUTY SHERIFF DEDICATED FULL TIME TO THE COLLECTION AND PROCESSING OF URINE SAMPLES! There are soooo many other areas in society that could benefit from with bona-fide return on investment results for an intelligent/capable civil servant trained to protect and serve. Consider that this clinic is open 14 hours/day most of the week and each testing station also have a female counterpart. How many of these clinics are there in OC? Tell me the average man-hour that is dedicated to preventing/solving any given crime and I can tell you with confidence a way to bring that crime down x number of times without adding taxes or manpower. Do we really need someone that graduated from the police academy to be the one checking here? Seems better suited to be outsourced to a temp agency.

[AmishRnot4ganja]

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.

 

Right on, Old Hobo. Fight it ALL the way. Demand your right to a JURY TRIAL and educate your court appointed attorney on the protections provided by the MMMAct. Make them pay if they want to harass you.

[bobandtorey]

The "hurt" in my case in many others goes much deeper than is generally recognized. I'm going to attempt to quantify and detail some of the variables that might go under headings of COLLATERAL DAMAGE and OPPORTUNITY COSTS. These factors can only be estimated so they are often overlooked. An example; I was scheduled to volunteer on Tuesday and had to cancel. What $ can you put on dedicated time and attention with a needy child? I went through considerable trouble trying to find a ride for my daughter during my next hearing tomorrow. No luck and she will not be attending her soccer game. What could have been accomplished had OCS Dept used resources effectively to protect and serve? How many violent crimes or fraud victims could have been spared? Too many.

 

HERE IS A VERY CLEAR WASTE OF OUR RESOURCES IN OAKLAND COUNTY- I now have been tested twice in two days ($34 + $5gas) and spent 45 min with the young man who charged with collecting samples. It was an intelligent conversation and an eye opener into the perspective/attitudes of Oakland county law enforcement. I understand/accept his doubt or reluctance to accept the facts as they are in my story. Most of the comments he made that might have sounded insensitive to a third party were based on ignorance. He has never meet anyone like me that in his mind didn't deserve it. This sort of prejudice is widespread in OC. It knowledge must be mixed with experience to create wisdom and like most people in leadership positions in Oakland County that are blocking the civil liberties of fellow citizens; lack of one of both factors were the cause insensitivity/bias/prejudice. This kid was very well spoken, insightful and intelligent which left me thinking what the real cost + opportunity costs are to staff AN OAKLAND COUNTY DEPUTY SHERIFF DEDICATED FULL TIME TO THE COLLECTION AND PROCESSING OF URINE SAMPLES! There are soooo many other areas in society that could benefit from with bona-fide return on investment results for an intelligent/capable civil servant trained to protect and serve. Consider that this clinic is open 14 hours/day most of the week and each testing station also have a female counterpart. How many of these clinics are there in OC? Tell me the average man-hour that is dedicated to preventing/solving any given crime and I can tell you with confidence a way to bring that crime down x number of times without adding taxes or manpower. Do we really need someone that graduated from the police academy to be the one checking here? Seems better suited to be outsourced to a temp agency.

 

very well said

[lawyercaregiver]

I agree with you here and thats approach I am taking. I have a bona fide relationship with my doctor and his treatment is effective. My condition is severe and legit; degenerative cartilage in my spine with one documented surgery and several additional procedures since including cortisone shots, muscle relaxants and pain killers. I do not like the effects of narcotic pain killers on my mind and body. It seems so ignorant base on what we know about the hazards of opiate drugs that they are allowed by the courts for medicinal use but my preferred treatment that does not lead down a destructive path is blocked. 'm certain that I could be prescribed a ongoing mind numbing dosage of Vicodin or Oxy and that would be fine with the courts.

 

I have seen judges order patients to stop taking any narcotic drugs INCLUDING PRESCRIPTION drugs. I have seen people violated and thrown in jail (or was it thrown in jail and violated ) for using prescription pain killers that the judge ordered him not to take even though the physician prescribed it. I think you should definitely take this in front of the judge (for you to be able to use marijuana on probation or bond). I think you did the right thing by speaking with your bond officer and being up-front.

 

However, if the judge says "no" I also think you should follow the bond order and push this case to trial ASAP. You may want to try again on a motion to revise terms of bond if you lose the initial argument.

[compassionatesoul]

I'm scheduled for next week in front of Judge Obrien in Pontiac. Has anyone had experience in her court?

[jtgeme]

I'm scheduled for next week in front of Judge Obrien in Pontiac. Has anyone had experience in her court?

 

 

Don't know her opinions/feelings on MM, but I know her to be fair. Probably not helpful, but its the best I got.

 

Good luck!

[compassionatesoul]

So far no problems with probation since I sent my registration info in two weeks ago. Just got a letter from my court appointed attourney asking me to call him and discuss strategy for our court appearance on Tuesday. Will update then. Thanks again for all the support.

[compassionatesoul]

I was offered a plea down to simple possession with probation and I declined. I have my evidence hearing for the affirmative defense in two weeks. One problem- My lawyer is telling me that I need get my doctor to appear IN PERSON in court on that date. He thinks that it will be a necessity and that I will not be able to establish a bona fide relationship unless the doctor takes the day off work for me. He says that any evidence we submit will be hearsay unless we have the man in court. Is this true? I was thinking that everything we need to show in court could be done by getting his statement in writing and then having his signature witnessed by a notary. Would that work? Thank you

[compassionatesoul]

FYI- I was told in my last court appearance that I am to refrain from medicating fully and find some other way to deal with my pain. Unfortunately, the judge's perception was unfairly influenced by a report by "results" that listed me as having a positive test for opiates during my first drop. I also learned for the first time as I was standing before the judge that I was in violation of my personal bond due to several "no shows" for PBT tests. Both were a shock and although I felt 100% confident that there was a mistake and that I had been in full compliance, there was nothing I show at that time to disprove the allegation. The following day I investigated and found: 1- The test was not not positive for opiates, the actual tested showed only THC50 but the comment area below added opiates in error. 2- I had been completed all PBT tests as required. I keep a log that is signed by PD and officer. On the three dates in question, I had to travel to police substations as allowed (results closes at 1PM on weekends) and then faxed the log to results each time. Not sure why but they just entered them as no shows. The judge had little patience when hearing the erroneous claims and my surprised look with an attempt to remain calm may have looked like I had something to hide. I should have been ordering the results from my tests every week to verify.

[ozzrokk]

FYI- I was told in my last court appearance that I am to refrain from medicating fully and find some other way to deal with my pain. Unfortunately, the judge's perception was unfairly influenced by a report by "results" that listed me as having a positive test for opiates during my first drop. I also learned for the first time as I was standing before the judge that I was in violation of my personal bond due to several "no shows" for PBT tests. Both were a shock and although I felt 100% confident that there was a mistake and that I had been in full compliance, there was nothing I show at that time to disprove the allegation. The following day I investigated and found: 1- The test was not not positive for opiates, the actual tested showed only THC50 but the comment area below added opiates in error. 2- I had been completed all PBT tests as required. I keep a log that is signed by PD and officer. On the three dates in question, I had to travel to police substations as allowed (results closes at 1PM on weekends) and then faxed the log to results each time. Not sure why but they just entered them as no shows. The judge had little patience when hearing the erroneous claims and my surprised look with an attempt to remain calm may have looked like I had something to hide. I should have been ordering the results from my tests every week to verify.

 

 

 

Ahhh The justice system at work.......

 

 

It's a well oiled machine ya know.

 

Sorry to here of your troubles my friend.

You should be good with your defense and AD. The medicating part

who knows. The court just cannot think for itself enough to do

the right thing.

In any event good luck to ya.... keep us updated.

[davidl]

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....

Oakland County NET is wasting all this money over a few grams..wtf. If this is true thats an abomination. Wasting more tax payers money for these drug cops to keep up there lifestyles with overtime.

 

However it does sound like some shady shiet was going on here you got snitched on for sure. Thats also why I never leave mygarbage out to the trash over night. Thats a desperate move by NET if they really did that. I am sure though that they probably just made it up. Cops lie, especially DRUG UNIT COPS. Lying is the basis for them to stay employed. Funny how some of the biggest prick police end up on DRUG detail.

 

TRULY AMAZING. Do you really think FLINT or DETROIT would waste all this money over a bag of weed. COME ON MAN this is PURE MADNESS. Even if half the story is hidden they should focus on the Heroin trucks or cars trunks filled with cocaine coming in from MEXICAN SYNDICATED gangs...wtf..terrorizing Americans over a few paltry grams of a plant...

 

 

it's a travesty.!!

[maxmax]

this may not be about MMJ but wanted to show how Oakland County is so F**ked up

It's a story that could affect people all over the country. A Rochester Hills man could end up behind bars for checking up on his wife online. When he logged into her email account, the Oakland County prosectutor says he committed a serious crime. He says he was just trying to protect a child. He's being charged under the same law that's meant to snare computer hackers and identity thieves. So what does this mean for people who want to keep tabs on their spouses or parents that want to see what their kids are doing on the internet? Fox 2's Andrea Isom has the story.

 

http://www.myfoxdetroit.com/dpp/news/offbeat/oakland-county-man-faces-prison-for-checking-his-wife%27s-email

[thanks2]

this may not be about MMJ but wanted to show how Oakland County is so F**ked up

It's a story that could affect people all over the country. A Rochester Hills man could end up behind bars for checking up on his wife online. When he logged into her email account, the Oakland County prosectutor says he committed a serious crime. He says he was just trying to protect a child. He's being charged under the same law that's meant to snare computer hackers and identity thieves. So what does this mean for people who want to keep tabs on their spouses or parents that want to see what their kids are doing on the internet? Fox 2's Andrea Isom has the story.

 

http://www.myfoxdetroit.com/dpp/news/offbeat/oakland-county-man-faces-prison-for-checking-his-wife%27s-email

WOW!!!!!! The Oakland county prosecutor is crazy. She needs to be voted out.

[phaquetoo]

It's still illegal under federal law and you WILL be drug tested so it is taking a huge chance. You had a supportive, reasonable probation officer and judge but in my experience most PO's are not supportive and a whole lot of them are not reasonable. Same for judges. He can probably lose his bond if he tests positive and courts just LOVE to take your money (they are part of the government after all).

 

I assume you were up front with your PO and did not bring it up after the violation for dropping dirty?

 

 

you know what assume means right?

 

No I was not up front with the p.o, she sucked arse! As soon as I became legal on paper, I sent her copys of all my paper work, and went and did a urine drop, p,o violated me, for dropping dirty for thc. I went in front of the judge, pled my case, won, no attny, and I used mm the rest of the time on probation! Alpena county! (chronic pain)

 

back at ya!

 

Peace

FTW

Jim

[lawyercaregiver]

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

 

 

Greetings. I have not read any other answers yet because I wanted my own opinion before taking in all the others (which usually causes me to CHANGE my opinion so take it for what it is worth-

 

and not legal advice etc.

 

IMHO your story is a pretty bad case for challenging section 8 of the MMMA. This case, unfortunately has a number of holes in it.

 

First, you did not apply for the card until after your arrest. A case like this leaves it open to supporting the awful Judge O'Connor opinion which complains about this very case.

 

Second, less than 3 grams in a common area is NOT a manufacturing charge (even in Oakland County). There must be something further- plants maybe? I can't believe even O.C. would charge manufacturing on 3 grams and some baggies of residue!

 

As to your very concise, specific 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?

 

A. Might I suggest "using it" to avoid jail as part of a plea bargain (unless there really was only 3 g's and some baggies found then I say Puck the Folice)

 

 

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

 

A. Depends on who you get. Matt Abel was a court appointed attorney for years and largely did for them what he would have done for a paying client. Court appointed lawyers are often the most experienced criminal lawyers around. Others are dilettantes (just like many of the guys who charge 5K per case).

 

 

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

 

--------One nice document is better than a 50 page brief. It would be nice if you had your card as explained above I suspect a court may summarily rule that your belated attempt to be classified as a patient is not going to work on a possession charge (but if the charge is B.S. then anything will work). You should bring your physician certification, MDCH application, evidence of mailing, and canceled check to court for your lawyer along with the 1 page section on alternate certification ID's and the 20 day rule. Do NOT give anything to the other side (obviously).

 

I could very well be wrong.

 

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

 

A. Yep, sorry. The consequences of that violation are up to your probation officer. I don't think it is mandatory that you lose your deferred under advisement status.

 

----------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)?

 

A. You should be in constant contact with your PO with letters, e-mails, calls, etc. Just don't tinkle them off. One contact and a confirming contact is usually enough once they have given you their opinion on something or other.

 

p.s. I would say bring your medical records to court showing your serious condition protected by the affirmative defense of section 8 but Peanut Butter would kill me.

 

Yes I am super baked!

[lawyercaregiver]

LFMAO, I already participated in this old debate.

 

Phaqueto: I sure do know what 'Assume' means! I do it all the time. Although in this case it sounds like you WERE up front with your PO (showed your paperwork when you got it = up front instead of waiting to show the papers after a random urine drop).

 

As for my previous advice in the last response (before I reread the thread) let me just modify a couple things- I said Puck the Folice and that is still how I feel. What a travesty and a waste of resources not to mention the human cost.

 

I ASSUMED your description of 3 grams in a common area closest to your room metastasizing into a 4 year felony manufacturing delivery charge HAD to be bogus- even in Oakland County. I am stunned that the prosecutor's office would be that incompetent or vindictive.

 

You are right to not take even the possession although this is still a risk. News flash: Cops sometimes lie, witnesses make bunny muffin up, and juries can believe whatever the hell they want to believe. Justice does not always prevail and trials are only slightly better than the slot machine. Yes I am cynical.

 

I would definitely raise section 8 on a simple possession charge- I just don't think this is a particularly good case for the court of appeals.

[phaquetoo]

LFMAO, I already participated in this old debate.

 

Phaqueto: I sure do know what 'Assume' means! I do it all the time. Although in this case it sounds like you WERE up front with your PO (showed your paperwork when you got it = up front instead of waiting to show the papers after a random urine drop).

 

As for my previous advice in the last response (before I reread the thread) let me just modify a couple things- I said Puck the Folice and that is still how I feel. What a travesty and a waste of resources not to mention the human cost.

 

I ASSUMED your description of 3 grams in a common area closest to your room metastasizing into a 4 year felony manufacturing delivery charge HAD to be bogus- even in Oakland County. I am stunned that the prosecutor's office would be that incompetent or vindictive.

 

You are right to not take even the possession although this is still a risk. News flash: Cops sometimes lie, witnesses make bunny muffin up, and juries can believe whatever the hell they want to believe. Justice does not always prevail and trials are only slightly better than the slot machine. Yes I am cynical.

 

I would definitely raise section 8 on a simple possession charge- I just don't think this is a particularly good case for the court of appeals.

 

 

Well I dont think I was being up front with the p.o, but yes I did send here the paperwork a few days before i had to do a urine, I didnt call the witch to see what she thought! I found out what she thought didnt I? she dont like me using mm, she would rather have me on methadone, xanax, vicoden,celexa, flexiril, motrin 800, serequel! Yea! them are better for you right?

 

Im thankful the judge could see that none of the meds im prescribed were in my urine screen and only thc! and I asked the judge why they would let me take all that medication that does damage, and not just mm! I also showed him paper work from other cases that were dropped cause of paperwork!

 

My First possesion charge was before I Applied for my card and before I got a dr. recomendation! and they let me off, I applied 2 months after I got possesion charge! (roscomon county) the a.d is there to protect everyone not just legal now patients!

 

Peace

FTW

Jim