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Person Arrested With A Card. Clare County..


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Ok, I was at my nephews house yesterday.. His neighbor was down visiting..He had been n jail a short time ago.. I know ,I know..But any ways..While he was n there..A officer of the law had brought n a guy for possession of Marijuana..And was going to charge him with such..The correction officer at the jail had said NO. You can not bring him in here..He did nothing wrong..Officer of the law insisted..Finally the Correction Officer calls a judge..Officer explains to judge the guy who was arrested has a Medical Marijuana Card..The judge asks to speak to the officer..Judge told him to let him go or he would be brought up on charges,..I AM SO GLAD I LIVE N CLARE COUNTY>>> http://clarecountycc.ning.com/ ..Thanks Judge for understanding....I would like to meet you and shake your hand one day soon..

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Ok, I was at my nephews house yesterday.. His neighbor was down visiting..He had been n jail a short time ago.. I know ,I know..But any ways..While he was n there..A officer of the law had brought n a guy for possession of Marijuana..And was going to charge him with such..The correction officer at the jail had said NO. You can not bring him in here..He did nothing wrong..Officer of the law insisted..Finally the Correction Officer calls a judge..Officer explains to judge the guy who was arrested has a Medical Marijuana Card..The judge asks to speak to the officer..Judge told him to let him go or he would be brought up on charges,..I AM SO GLAD I LIVE N CLARE COUNTY>>> http://clarecountycc.ning.com/ ..Thanks Judge for understanding....I would like to meet you and shake your hand one day soon..

 

Awesome!!

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Guest Happy Guy

Clare County is understanding..And so is Mt.Pleasant..See judge ,s ruling on Mt.Pleasant,s Dispense..? well they are friendly or at least following the law..

That is one dispensary model that follows the law explicitly with small patient to patient transfers. Not bulk buying with an unlimited distribution network. That dispensary didn't try to push it too far so they are rewarded for their pragmatism. Then all the patients in the area get rewarded with friendlier judges because they don't have illegal store fronts crammed down their throats. Too bad all the dispensaries were not like this model. But they wouldn't be able to make a huge profit with this model, that's why it is so rare. Maybe the only one.

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Odd situation. A judge cannot legally give legal advice to anyone while they are a sworn active judge and a judge can't charge someone with a crime. A judge's power is limited to presiding over the cases assigned to him in his court. I'm surprised a judge would do that as it is overstepping his bounds. It's nice to see it worked out for the patient but we wouldn't want to see a judge wielding that sort of power if he were using it to do someting we didn't like.

 

I will say though that the guy arrested should sue for false arrest.

 

Thanks for your insight. I'd like to think this judge has a better understanding of legal and judicial processes than us and has made a wise decision. Hopefully it will be contagous !

Edited by solabeirtan
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This is fantastic ......It makes a lot of us looking into showing up at the Clare Barbecue feeling a lot better about showing up...will there be a medication tent ?

 

Dr. jinx

 

This is for Patients, caregivers and spouses of..There is 40 acres there and all will be carded..So the whole 40 acres is open for smoking.

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Odd situation. A judge cannot legally give legal advice to anyone while they are a sworn active judge and a judge can't charge someone with a crime. A judge's power is limited to presiding over the cases assigned to him in his court. I'm surprised a judge would do that as it is overstepping his bounds. It's nice to see it worked out for the patient but we wouldn't want to see a judge wielding that sort of power if he were using it to do someting we didn't like.

 

I will say though that the guy arrested should sue for false arrest.

The judge did not do any thing other than tell the officer that he could not charge the guy with a crime..Which is a good thing..
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Odd situation. A judge cannot legally give legal advice to anyone while they are a sworn active judge and a judge can't charge someone with a crime. A judge's power is limited to presiding over the cases assigned to him in his court. I'm surprised a judge would do that as it is overstepping his bounds. It's nice to see it worked out for the patient but we wouldn't want to see a judge wielding that sort of power if he were using it to do someting we didn't like.

 

I will say though that the guy arrested should sue for false arrest.

 

Judges issue arrest warrants also.

 

It sounds like the officer decided not to have to resort to court of appeals to spring himself. A good decision, from a practical standpoint.

 

Like what happens when anyone says "I'm not going to obey you, judge." Simply not a good thing to do, normally.

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The judge, at least according to you, told the officer that he WOULD be brought up on charges. That isn't for a judge to decide. The county prosecutor has sole discretion to charge someone and it isn't within the judge's purview to do that. The judge also told the officer he couldn't charge the guy. A judge can't do that. It isn't his job to decide whether a cop can submit a warrant request to the pros. It also isn't his job to examine the evidence outside of the courtroom and off the record. The point is the judge overstepped his bounds. We don't want tyranny right? Tyranny isn't good even if a specific outcome is good. That's the point.

 

 

 

Judges cannot issue warrants by themselves on something that isn't even a case yet. In other words a judge cannot initiate a prosecution. A judge is supposed to be impartial. They can issue warrants when the pros. first reviews the warrant and probable cause is demonstrated. Those are the rules and I didn't make them.

 

OK, let's take a positive and turn it into a negative.

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it was likely the magistrate, the judge that would set bail/bonds. He can decide no bond, and even dismiss 'without prejudice'.

The corrections officer, is the one the accepts prisoners to the jail - they can deny prisoners based on their condition, overcrowding and low/no bond charges. The arresting officer was the lowest person on the totem pole. The corrections officer just saved the local jail and courts a load of wasted time where he would have had to appear in front of the judge to get dismissed anyways!

 

disappointing how people turn good news in to FUD.

 

-DN

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I think it's great that the Honorable Judge took the time out of his day to inform some one who should be informed of the current statutes regarding "Medical use of marijuana" by a registered qualifying patient! Much of the problem with our Judicial system as a whole , is that we have officers of the law enforcing laws that they have not studied. IMHO police officers should be required to have 5 years of law school in order to be sworn to uphold the law. They would then be more discriminate as to whether or not the individual actually broke a law. Then there are the Judges- they have a jury to decide cases for them, they read instructions to them, (from a book), they make most decisions based on the cases already decided, (also in books!) So the judges really only need maybe a couple years of college English! The police are the ones that really need to have the extensive college training in law so they know how to do their job!

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it was likely the magistrate, the judge that would set bail/bonds. He can decide no bond, and even dismiss 'without prejudice'.

The corrections officer, is the one the accepts prisoners to the jail - they can deny prisoners based on their condition, overcrowding and low/no bond charges. The arresting officer was the lowest person on the totem pole. The corrections officer just saved the local jail and courts a load of wasted time where he would have had to appear in front of the judge to get dismissed anyways!

 

disappointing how people turn good news in to FUD.

 

-DN

Good point, I guess i am really not sure who they called..You are probably right..Either way, again it turned out NO one got in trouble, NO unwanted time and money..
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Odd situation. A judge cannot legally give legal advice to anyone while they are a sworn active judge and a judge can't charge someone with a crime. A judge's power is limited to presiding over the cases assigned to him in his court. I'm surprised a judge would do that as it is overstepping his bounds. It's nice to see it worked out for the patient but we wouldn't want to see a judge wielding that sort of power if he were using it to do someting we didn't like.

 

I will say though that the guy arrested should sue for false arrest.

 

Another odd one..we had a tree fall down down the rd..Cops sat at corner of rd..to block traffic ..Mean while a cpl friends and i sat n yard and medicated and chatted with cop..Had a bong out also..No issues ..We do live on corner lot..

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