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Oakland County Grow Felony Charge

thatoneartist

By thatoneartist
in The Michigan Justice System

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thatoneartist Advanced Member

thatoneartist

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I have no priors. It was a very sticky situation since I was a patient/cg. my house was locked but the basement wasn't locked. Taking those reasons into consideration what am I really looking at as far as jail time? probation?

 

...67 plants, they say more weight then 15 oz's but thats with jars weight. really was less then 15oz's

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Timmahh Advanced Member

Timmahh

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first. if your entire house was locked up, then your facility SHOULD be secure.

 

it would be interesting to see a judge allow a 12 oz mason jar count as medicinal weight.

 

Get a hold of Michael Komorn or Matt Able or Neil Rockland These are a few of the best MMJ lawyers in the state. and all 3 are in the Det area. All three have won tough cases, and all 3 are strong proponents of medical cannabis.

 

i realize you cant shed too much more info, but was their a warrent? was it legal? are you Positive you were under your limits for on hand meds? under plant counts ect???? have proper patient cards/paperwork if your a CG?

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thatoneartist Advanced Member

thatoneartist

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yes everything was proper. The Oakland County circuit court judge Bowman literally laughed at the house being a locked enclosed facility....and yes, the doors and windows to the house were locked

 

Appellate court ruled against me too. As they did King too

 

 

SO...basically I can try to go to MSC or ask for a deal, which I doubt they will even offer

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Timmahh Advanced Member

Timmahh

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they ll certainly give you a deal.

but i would never accept it.

 

sorry to hear about your situation. i find it hard to understand a locked and secured home is not a locked and secured facility. if one has to break the law to enter the home, then their presance is illegal, therefore they are breaking the law, not you...

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The Digital Nomad Advanced Member

The Digital Nomad

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Well, lets take a look at the 'seriousness' of the crime -

1. you were not charged with intent to distribute, nor caught doing P2P? This is a personal use case.

2. A house is still considered by law to be a secure domain - breaking and entering or home invasion can be simply turning the unlocked door knob of your house - they do not have to 'break' anything, but cross into your house. If the law considers your home to be secure in this manner - you might have a defense, the home is still considered a enclosed (you have a roof right?) and secure building.

3. first timer? I see probation and punitive fines, forfeiture.

 

But judges and prosecutors can run hot or cold in different areas, since they have Patterson, Cooper, Hand to stick up for their bullshuet - they keep playing the fool.

 

DN

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peanutbutter Advanced Member

peanutbutter

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Well, lets take a look at the 'seriousness' of the crime -

1. you were not charged with intent to distribute, nor caught doing P2P? This is a personal use case.

2. A house is still considered by law to be a secure domain - breaking and entering or home invasion can be simply turning the unlocked door knob of your house - they do not have to 'break' anything, but cross into your house. If the law considers your home to be secure in this manner - you might have a defense, the home is still considered a enclosed (you have a roof right?) and secure building.

3. first timer? I see probation and punitive fines, forfeiture.

 

But judges and prosecutors can run hot or cold in different areas, since they have Patterson, Cooper, Hand to stick up for their bullshuet - they keep playing the fool.

 

DN

 

Such charges assume intent to distribute. There is no proof required for that element.

 

Michigan law assumes you are selling if you have more than 'x'. I think it's called prima facia. It speaks for itself.

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The Digital Nomad Advanced Member

The Digital Nomad

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Just curious, but what part of OC?

 

thanks

 

All of Oakland County is considered hostile due to the County Excutive Patterson's politics against any marijuana (he had his council sign a referendum in 2000 that they would never support marijuana) The prosecutor Cooper and Hand - they all work together to influence all the judges in Oakland county to follow their 'moral vision' of what the people 'want'. (as opposed to just doing their darn job doing what the people vote for). They have send misinformation packets to city councils, to judges, to businesses even - using old, outdated DEA FUD. They told all judges and cities to enforce the FEDERAL laws over state laws.

 

Until these people get removed from office, Jokeland county will remain in the ignorant, grey area. LEO has already been proven to use 'real' but fake MDCH MMMP cards to pose as patients. Macomb COMET was just recently found out to be doing the same practice, but they appear to be using to gather information.

 

DN

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cristinew Advanced Member

cristinew

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333.7401 Manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver controlled substance, prescription form, or counterfeit prescription form; dispensing, prescribing, or administering controlled substance; violations; penalties; consecutive terms; discharge from lifetime probation; “plant” defined.

 

that is the charge for plants,

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The Digital Nomad Advanced Member

The Digital Nomad

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Such charges assume intent to distribute. There is no proof required for that element.

 

Michigan law assumes you are selling if you have more than 'x'. I think it's called prima facia. It speaks for itself.

 

Prima Facie means "First Look", it means that it can be refuted. It cannot be the sole weight of a case, but it is a part of the case.

 

What if he has no scales, LEO never observed any P2p - what if he was using all that weight to make ' simpson oil'?

 

You know that story right?

 

Prima Facie needs evidence to support it.

 

DN

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peanutbutter Advanced Member

peanutbutter

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Prima Facie means "First Look", it means that it can be refuted. It cannot be the sole weight of a case, but it is a part of the case.

 

What if he has no scales, LEO never observed any P2p - what if he was using all that weight to make ' simpson oil'?

 

You know that story right?

 

Prima Facie needs evidence to support it.

 

DN

 

Yep .. my Latin was off. That was the wrong phrase.

 

Which Latin words are for something that is evident in itself?

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cristinew Advanced Member

cristinew

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iii) If the amount is less than 5 kilograms or fewer than 20 plants, by imprisonment for not more than 4 years or a fine of not more than $20,000.00, or both.

 

it doesnt matter if you have scales or not its the plants that they charge you with

 

hey may claim personal use under michigan law plants are not personal use

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bobandtorey Advanced Member

bobandtorey

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I have no priors. It was a very sticky situation since I was a patient/cg. my house was locked but the basement wasn't locked. Taking those reasons into consideration what am I really looking at as far as jail time? probation?

 

...67 plants, they say more weight then 15 oz's but thats with jars weight. really was less then 15oz's

 

You will be fine don't give inn if you can help it they are betting on you to roll over if you take a plea and then get caught again it will cost you 14 years

i know a lot of people that grow the same way as you did

 

how did they get inn? did you open your door?

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thatoneartist Advanced Member

thatoneartist

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You will be fine don't give inn if you can help it they are betting on you to roll over if you take a plea and then get caught again it will cost you 14 years

i know a lot of people that grow the same way as you did

 

how did they get inn? did you open your door?

 

 

they had a warrant. so they broke the LOCKED door down

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