Help Please!

[chi_guy]

Need advice from those who know the law. My gf is being charged in Berrien County for possession of marijuana with intent to distribute. She was pulled over in Berrien County on her way to visit a friend. At that time she had her patient card in her possession as well as her Caregiver card. Both cards allowed her to be in possession of 5 ounces of cannabis. There was 5 ounces of cannabis locked in a backpack in the trunk of the car. The officer told her he believed there was more marijuana in the car than she was allowed to have. So they had my car towed and took her back to the station to weigh the cannabis. Sure enough it weighed out to 5 ounces which is what she is allowed to possess. They seized my car and the marijuana and let her go saying they were still contemplating charges. I picked her up from the police station and had my attorney contact the the prosecutor the next day.She moved to Michigan to go to college about three years ago. When she moved here she got a state issued Michigan id card but didnt transfer her drivers license mainly because she didnt want to pay the higher car insurance in Michigan(not smart) but hindsight is always twenty twenty. Anyways when my attorney contacted the Berrien County prosecutor he stated that even though she had a Michigan state her dl was out of state so he wanted proof that she lived here. So we provided them with a multitude of documents showing that she lived here such as her medicaid info and school docs and pay check stubs. After reviewing the docs the prosecutor said he had enough info and we thought it was done. Sure enough three months later last week she got pulled over on a traffic stop and was surprised to find out she had a felony warrant out of Berrien County. She was subsequently arrested and spent the night in jail. We bonded her out and called the prosecutor and asked him why he issued a warrant. He stated he still believed she isn't a resident. We then asked him why he didn't call us because he had our number and told us he would call or notify us if he decided to pursue charges. He told us he was not obligated to notify us when issuing a warrant. Now she is being charged charged with felony possession with intent to deliver and has court next week. If anyone from Berrien County or the area could show up we would truly appreciate the support. I thought being in possession of registry cards from the state prevented you from arrest. But I guess there is way even around that for overzealous prosecutors.

[kruztydj]

Sounds like you'll be fine once ya gather more proof and get it infront of a judge. Being so close to the state line we have folks do that alot but only stay here part time. most times it's over taxes and school and this is the first time I've heard of this. Feel free to pm me or pm me on the clubs website Always be careful of posting any private case info on the internet as ya never know who's watching.

Shoot me a pm on the club site and we'll see if we can help

[mike44]

Since she had a patient card & a caregiver card, she would have already established residency. You must be a resident to get these cards, so it sounds to me like they are pulling a schuette on her. I would think that the prosecutor would understand this, and unless she is being charged with obtaining a card under false pretenses this makes little sense. I hope they come to their senses and dismiss the charges.

[kruztydj]

Since she had a patient card & a caregiver card, she would have already established residency. You must be a resident to get these cards, so it sounds to me like they are pulling a schuette on her. I would think that the prosecutor would understand this, and unless she is being charged with obtaining a card under false pretenses this makes little sense. I hope they come to their senses and dismiss the charges.

Berrien has been pretty st8 up on the act. We spent alot of time working with the sheriffs office and prosecutors office so we'll see. ID thing and rez is a big thing here cuz we're right on the line. Folks get homes here ad claim homestead taxes on their summer homes here like they live here all the time. BUT,, when ya look into it ya find they live and work in chy town and are not a rez from Mich.

Not saying this is the case here but they maybe just making sure they should in fact have our mj card and are infact a mich rez. If indeed she is a rez of michigan then they'll be fine, court will kick it out. but if they get to digg'in and find she's is a rez some place else then she maybe in a issue. My wife just called the cops on me growing and only 1 girl cop showed up to follow up on the tip. knocked on the door, stated reason for being there.showed my cards, she thank me and said she was sooory for bothering me and left. No we've not had big issues with leo here nor is the prosecutors office at war with us. But.... I'll see what we can find out and of course help and support them as best we can. Sometimes as ya know my friend things may not be what they seem.....

[kruztydj]

But you are right if she has the card then the state already said she is a rez.b

But if they showed false crap to make rez just to get the card then, well,, they may have problems. We'll have problems cuz they are ripping our law off and us as mich rez's

[solabeirtan]

Berrien has been pretty st8 up on the act. We spent alot of time working with the sheriffs office and prosecutors office so we'll see. ID thing and rez is a big thing here cuz we're right on the line. Folks get homes here ad claim homestead taxes on their summer homes here like they live here all the time. BUT,, when ya look into it ya find they live and work in chy town and are not a rez from Mich.

 

I don't understand the significance of the tax issue. Even if they get the Principle Resident Exemption on there Property taxes, that only gives them 30-40% discount.

 

 

 

If they also pay in Chicago or Indiana they still are paying on multiple properties. Shouldn't that be sufficient ?

[chi_guy]

She is a resident and has been for years the prosecutors know this. They are just running her through this to try make an example or something. Furhtermore she had a Michigan state issued id as well.If Berrien County has a problem with people claiming they live there and not living there then they need to find those people and prosecute them. She lives in Kalamazoo and doesn't even live in Berrien county. We provided more than sufficient enough docs to the prosecutor. This is BS and flat out persecution. But instead you guys claim you have been working with the prosecutors and they have been "strait up". She lives in Kzoo had this situation happened here we wouldn't have to prove her innocence to the local compassion clubs because they all know her and she has been living here for years now.

[bobandtorey]

She is a resident and has been for years the prosecutors know this. They are just running her through this to try make an example or something. Furhtermore she had a Michigan state issued id as well.If Berrien County has a problem with people claiming they live there and not living there then they need to find those people and prosecute them. She lives in Kalamazoo and doesn't even live in Berrien county. We provided more than sufficient enough docs to the prosecutor. This is BS and flat out persecution. But instead you guys claim you have been working with the prosecutors and they have been "strait up". She lives in Kzoo had this situation happened here we wouldn't have to prove her innocence to the local compassion clubs because they all know her and she has been living here for years now.

 

am so sorry she has to be going thought all of this

did this make the news papers? if not i would contact them they may even help

[Croppled1]

Better get that DL switched if you can and Michigan Insurance is about $60 more a year but its the best insurance in the Country if your injured for life . I wouldn't trade it for any other States I know of . I pray they never change the it $60 a year is nothing compared to the consequences for families and society .

[JB420]

From the way I understand it even owning property in michigan gives ou the right to have a card. I got my card with an Indiana drivers license, and my paperwork for my lease. They are just trying to find any loophole right now

[kruztydj]

Ya dont have to prove nothing to me and from what ya stated so far she should have been sent down the road without issue. just the fact she had a state id and a state mj card should be proof enough. Ya should be able to make the prosecutor look like a idiot and wasting tax payers money for nothen. I sent ya a pm and if you'd like to have me stand with ya then I will.I'd just rather talk about your case in private then on a open forum.