5 Things To Do After Your Marijuana Arrest

[MI Compassion]

5 Things To Do After Your Marijuana Arrest

November 26, 2010 by Hoam Rogh 2 Comments

 

Heads up: this is not written for a specific state but for the federal government. If you would like to use it in state court, talk to your attorney or see about moving your case to federal court.

 

Top 5 Things to Do After Your Marijuana Arrest

 

1.) Remain silent: There is only 1 exception to this rule: Exception 1) State, ”I do not want to talk to anyone until I have met with my lawyer.”

That’s it. If they ask you anything else just repeat that you want to talk to a lawyer.

If they fail to leave you alone and give you a lawyer say, “I’m dropping the Edwards bar as to my Sixth Amendment rights.” The police must stop all custodial interrogation. If they want their case against you to be successful, they should shut up and let you see your lawyer.

 

2) When your lawyer shows up, tell him/her that you want to raise an affirmative defense:

Then tell him or her to read, The Case of US v. Yerbas. (pictured at top right) You’ll need to file a motion to dismiss like the one filed in the book. The charges against you must be dismissed because of your affirmative defense. Let’s hope it’s successful

 

3) Get judicial notice of certain undisputed facts:

See Federal Rule of Evidence 201. The court needs to take judical notice of certain facts. Judicial notice is a way of getting facts admitted into evidence. If a scientific fact is beyond debate, it should be admitted into evidence under the federal rule linked above.

 

What facts about cannabis would bolster your case that it’s arbitrarily prohibited in violation of your due process rights? Perhaps: Cannabis does not do what alcohol does and is far safer. It does not addict physically. It’s an antioxidant. It has never caused a death. It has many medical applications. Bob Marley did it, etc.

Get what you can get admitted into evidence. The defense will try and kill every single thing you raise. Remember: A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

 

4) Argue your due process rights to be free from arbitrary government action:

Criminally prohibiting marijuana is an arbitrary exertion of government power. In the federal law, it is arbitrary to place marijuana in schedule 1. Marijuana is so different from the other substances that the reason it was placed there has no rational basis reasonably related to a legitimate government interest. There is no rational basis that is related to marijuana’s criminal prohibition.

The laws on the books at the state level may have slightly different arguments that need to be raised, but all of them rely on the public’s health, safety and welfare. There is no rational basis reasonably related to the state’s legitimate interest of promoting the public health, safety and welfare by criminalizing all possession of all forms of cannabis.

 

5) Appeal:

Judges don’t always listen. They don’t have to. They can rule however they want and their actions are valid unless they abused their discretion. Many judges won’t even get to the merits of the case due to the extremely low chance that laws run afoul of the rational basis test of unconstitutionality. They will just say you broke the law and lock you up, and even prevent you from getting your medicine.

 

Think about it. It took 100 years after the Civil War to get the Civil Rights Act. You’re trying to change law based on bias and prejudice. Simply because truth and fact is on your side does not mean you’ll win. But you are right. The times will catch up to you. People believe all sorts of dumb things, sorry.

 

You can be ready and ahead of the curve with our book, The Case of US v. Yerbas

You’ll see that’s fantastically excellent and a good read. Check out its reviews.

We just told you how to end marijuana prohibition, please share this along, read our book. We’ve got to get this message out. Seriously.

 

http://www.shadyhousepub.com/mpiu/5-things-to-do-after-your-marijuana-arrest/

[Mr. Wilson]

I'm guessing that some people here may need this list in 2013, right after the new Republican president unleashes the DEA and they declare war on marijuana states.

[Kingpinn]

Try maybe 2017. If they are lucky. George messed up pretty bad. People remember. No problem with wishful thinking though

[Mememe]

I was kinda hoping to hear about the paperwork that needs to be filed to get back the items they seize as well.

[Gareth]

I was kinda hoping to hear about the paperwork that needs to be filed to get back the items they seize as well.

If you have access to a law library, you can begin by getting the author's book and also reading and understanding what these legalese things are. I had a friend years ago get busted with a big search warrant strung out over 26 or so people. She and I went to the law library and found other cases and figured it all out to blow the search warrant. We won. And the judge told her she had written the best defense he'd seen in a long time. You can do it...a friendly lawyer is a whole lot easier. Ya no, my friend didn't get her stash returned, all 1/4 oz of it...hahahaha There is standard paperwork one files for return of goods. I recommend doing the paperwork for that early and often. The 'they' don't like loud and well informed, so educate yourself in all of this.

[Mememe]

Here is how they do it in Cali.

 

http://www.ehow.com/how_7387013_property-after-search-seizure-california.html

 

1. Request a continuance on the forfeiture.

 

2. Accept an injunction on the property or assets, and be prepared to pay a bond.

 

3. Fight conviction of any underlying criminal charges.

-A guilty plea or a conviction for the criminal charges related to an asset forfeiture action will generally result in the success of the asset forfeiture action.

-A plea of nolo contendere ("no contest") will generally provide some leeway as to the asset forfeiture charges, whereas

-acquittal on the criminal charges will usually bring the return of seized property.

 

4. Negotiate with the prosecution for return of some of the items.

 

5. Petition the judge for the return of property.

 

 

Can anyone confirm this is how Mi does it as well?

Thanks

[bobandtorey]

well #4 the PA here wont talk to any one other then your Lawyer and in Oakland County they might not even do that