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Pro Bono Needed In Oakland County


Medcnman
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The problem, of course, is the lack of card. The affrimative defense will have to be used. The problem there is the overage. Assuming he gets beyond the use of the aff. def. hurdle he would have to prove the overage was necessary--can he do that? If it was his first grow can he really prove that he needed more plants? I would suggest that will be excruciatingly diffcult. My point in all of this is not that he has a loser of a case but, rather, that he has an expensive case. That case will take a ton of work and a lot of court appearances. You may be hard pressed getting pro bono representation on those facts in THAT county. It's possible so definitely look but also consider other avenues.

 

If it were me I would start with the search. Was the house search done by consent, warrant, force, what? Always nice to get evidence suppressed.

Edited by MichiganLawyer
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he can use the Affirmative Defense as he got the doctor recommendation prior to being arrested. Manufacturing is of course from the plants seized, and the 'intent to distribute is just the add-on charge as you will have to defend the amount as personal use.

 

Sounds like he got setup "he has a hostage!".

 

first grow, newbies get a break on plant counts? you are joking right? Few plants over - this is getting to be too common - PLEASE people STAY in your PLANT COUNT!

 

This is going to be a CSA case due to the plant counts, so forget preparing for a medical defense. Your lawyer will have to get the police visit thrown out, hence the evidence with it. I cannot see a lawyer doing this pro bono - as there is no payout at the end, and it could run for months, years. check with Kormon.

 

 

DN

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"He was a few plants over " Seriously...with Schuette on the war path! I am two plants under all the time including clones/cuttings and never have more than 2ozs ready to use at any given time on hand.

 

I know the law states we (individual Patient count) can twelve plants and 2.5ozs ready to use per Patient, but until that dick in Lansing gets recalled, voted out, or struck by lighting, I'm not giving them any rope to hang me....

 

If you want to walk outside the lines than you cannot complain when the hammer falls....

Edited by David1946
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say it isint so

Am no Lawyer but here in Oakland County it's not going to be good IMO take the plea deal if any

we are also in the court system and have been for almost 3 years now and we were Legal (under plants count ) and under meds and if i had it to do over i would take a deal

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This happened last November before BS had really reared his ugly head. Yes they were over by 5 plants, but as for weight on each plant, well, maybe a .25 oz each. They were in flush and were only 6-8 inches tall. Im curious as to what LEO came up with as a weight. My guess would be no more than 6-7 dry ounces. They were very small. Even FANG (Flint Area Narcotics Group) called it a "Personal Grow". The good news is, they do now have an attorney to go in with. I will be updating as I know more. Thank you, Medcnman.

 

Thanks and do keep us up-dated

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  • 2 weeks later...

I heard of a case that was very simuliar to this one, their attorney told them not to go for the medical defense untill the little plants were tested for THC content, his belief was that they were too small to have any sizeable amount. When the test came back on those little plants he was right no THC in them and the case was dismissed!! J have this attorney check into this, those plants don't sound big enough either, I know the case wasn't in Oakland county but this still should hold true in any court. Hard to be held for something that has nothing in it!!! According to the people that were in that case once you go for a medical defence you loose the right to content of the plant but I'm not sure on that. Worth a shot to try and get them off.</p>

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Am no Lawyer but here in Oakland County it's not going to be good IMO take the plea deal if any

we are also in the court system and have been for almost 3 years now and we were Legal (under plants count ) and under meds and if i had it to do over i would take a deal

i must have missed something--this is first i hear one was offered you

Edited by pic book
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they were allowed to walk out of court today with a $50K personal bond each.

 

Wow that is a high bond! :thumbsd:

 

If you want to walk outside the lines than you cannot complain when the hammer falls....

 

No... you can. If you got busted for growing in 2007, would you seriously not complain? Life isn't a casino. People aren't making gambling calls here, they're just trying to get by and do what makes them healthy and happy.

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  • 3 weeks later...

You say he was a few plants over, he was not legal... every plant he had was over, no forms to sign him as a cg had been sent in.  How many times do people have to do this if you want to be protected wait till you get your card or even send your app in or else sleep in the bed you made, have fun</p>

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registered and un-registered yup but it has not helped us as now we are back in court and they are saying are plants were not locked up but they were in a bedroom with a lock on the door

we did follow the Law all the way and the C.O.A said we could use the MMMA in court but now this judge say we can not it has never been about us it's about how they think the Law should have been No Law

i hope this guy wins

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registered and un-registered yup but it has not helped us as now we are back in court and they are saying are plants were not locked up but they were in a bedroom with a lock on the door

we did follow the Law all the way and the C.O.A said we could use the MMMA in court but now this judge say we can not it has never been about us it's about how they think the Law should have been No Law

i hope this guy wins

 

 

its sad to see that people like you who try to follow the law are getting harrased I really do hope everything works out for you bobandtorey

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Why was he a few plants over with out even sending his papers in, if he really wanted to cover his bases while relying on the AD defense he should have been by the book plants per patient not just a few over, Its stupid but 1 plant more than you posses is a wrong doing on their half and illegal, wish it wasnt that way but it is, they are the only ones who put themself in that position they would have managed with out the couple extra plants.  You cannot act like they are completely innocent and critique others for reading the law if they looked at it they would have known how many plants was legal and how many wasnt, if they did read it and still choose to grow more than they legally could its neglect on their end.  And there have been times i needed help and my friends and family helped me its not about a lack of compassion its about a lack of common sense, legal is legal, illegal is illegal, in the eyes of the state.</p>

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its sad to see that people like you who try to follow the law are getting harrased I really do hope everything works out for you bobandtorey

 

Thanks

and we did not try we did follow it but we live it Oakland county and they can not let this Law work for any one their are others here we just happen to be the first ones

to be fooled that the Law is the Law by the people that IMO will never work

we have lost by the people for the people a long time ago

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Thanks

and we did not try we did follow it but we live it Oakland county and they can not let this Law work for any one their are others here we just happen to be the first ones

to be fooled that the Law is the Law by the people that IMO will never work

we have lost by the people for the people a long time ago

 

only thing we can do is stick to what it says and hope ya know

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  • 6 months later...

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