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My Case In Macomb County Next Month


M.N.C.
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i am a registered caregiver for two patients, i have been the caregiver for the same patient for over two years now. the other patient i was transferred as caregiver for and have received a card for them aswell. the card showed up mnths expired.

both patients renewals including me as caregiver were sent out on sept.1 and in early october. like i said i recieved prior cards for both patients so renewal acceptance is not an issue..

almost two months ago i was pulled over for improper lane use and the sheriff smelled marijuana.. he was a k-nine unit so i fessed up and handed over less than 3 grams in a small jar. i explained i was a patient/caregiver but only had my expired card wich expired the month before. i had not renewed my patient card yet but was confident due to my other two patints being assigned to me. he was VERY understanding and took my expired card to run the number on the registry.. registry hotline is only open from 8a.m to 4 p.m. so he couldnt find out specific details, but it does inform leo that i was registered in the system. he explained to me he had to confiscate the meds and that i could get it back after providing the proper documentation. i was also told a detective would contact me before having to go to court. never happened, so i contacted the detective on my case, and she requested i drop off the proper documentation and it would be taken care of.. i forwarded all the copies i had of the renewall forms and cashed checks etc plus my patients matching expired card from the previous year.. never heard back from the detective so i called her number again and was surprised that she was transferred and a new detective was on the case. i explained everything to him and he was of little help.

so i went into the preliminary hearing without an attorney but with all proper documentation for my patients renewal.. the prosecuter wouldnt acknowledg the paperwork as being as good as a card and basically offended me and we had some choice words for each other.

so now i have a bench hearing set for mid march and i am nervous as hell. the card for my first patient should be here very soon aswell as this new "letter of acceptance" that was supposively being sent out feb 15..

has anyone recieved the letter of acceptance yet?

i really cant afford an attorney and was planning on a court appointed, granted my card or "letter pf approval" shows up in the next two weeks.

 

please, what the hell should i do and what is going to happen to me?!!

 

sorry for the long winded story, but this is a prime example of someone who is registered but caught in the backlog mess.

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first contact a Good Lawyer!!!!! You Simply MUST get Legal Counsel on this Immediately.

 

2nd, Right on the LARA Website it states the paperword suffices for the card until it arrives. LARA/MMMP has just issued a Memo ALL Prosecutors should of or should be receiving any day now, stateing that fact, as well that a new Acceptance letter will be mailed and that will be replacing the paperwork until the hard card arrives.

 

The Best thing you can do is get a Good and Competent Lawyer Immediately!!!!!!!!!!!!!!!!!!!!!!

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You have to get a lawyer. Otherwise you are a lamb led to the slaughter. Justice needs two sides in our courts. You are going up against a person who will try to win their case at all cost. They are not reasonable people, they do not have justice in mind, it is a game. If you walk, you win and they loose, they do not like to loose. It is not suppose to work that way, a prosecutor is suppose to seek the greater justice. If he was seeking the greater justice, you would not be in court right now. The prosecutor brought you their, not the police. The police just give the cases to the prosecutor and the prosecutor decides who to stick it to and who to not bother. Sell whatever you have a get a lawyer, or be prepared to be convicted of whatever they are charging you with.

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Yes, you must get a lawyer that knows the medical marijuana law. You were obviously legal, but many times they just don't care and will charge you under the public health code. Then they expect you to appeal to a higher court, instead of reading the law themselves. Pay for the lawyer, or you might end up in a very unpleasant place. Bill Scheutte has spent huge amounts of our tax money training these people how to get around the law and convict and imprison innocent people. Without a knowledgeable lawyer you could be a victim of mr scheutte's crimes.

Edited by mike44
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o.k. thanks everyone,

i consulted a very successful attorney and she wanted 1500$ to take the case and another 500$ if we have to go to court.. that was more than i thought it would cost so i declined hiring. was that a reasonable price, or are mmma lawyers more $$$ or less? any reccomendations for a mmma lawyer?

i am done with caregiving and medicating for good. not worth the worries.

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o.k. thanks everyone,

i consulted a very successful attorney and she wanted 1500$ to take the case and another 500$ if we have to go to court.. that was more than i thought it would cost so i declined hiring. was that a reasonable price, or are mmma lawyers more $$ or less? any reccomendations for a mmma lawyer?

i am done with caregiving and medicating for good. not worth the worries.

 

don't worry to much we have been inn court for 3 years now and we no how you feel good luck and keep us posted as to how i/ we can help

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$2,000 to try a case is MORE than reasonable.

 

The law is very, very clear on this issue. You should be able to get this DISMISSED easily.

 

Please take the time to read the law on the LARA web site: http://www.legislature.mi.gov/%28S%28gxd2x5453uounknhvxuxhf55%29%29/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008

 

If the card is not received within 20 days by the government then your paperwork suffices.

 

333.26429 Failure of department to adopt rules or issue valid registry identification card.

 

9. Enforcement of this Act.

 

Sec. 9. (a) If the department fails to adopt rules to implement this act within 120 days of the effective date of this act, a qualifying patient may commence an action in the circuit court for the county of Ingham to compel the department to perform the actions mandated pursuant to the provisions of this act.

 

(b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.

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$2,000 to try a case is MORE than reasonable.

 

The law is very, very clear on this issue. You should be able to get this DISMISSED easily.

 

Please take the time to read the law on the LARA web site: http://www.legislatu...d-Law-1-of-2008

 

If the card is not received within 20 days by the government then your paperwork suffices.

 

333.26429 Failure of department to adopt rules or issue valid registry identification card.

 

9. Enforcement of this Act.

 

Sec. 9. (a) If the department fails to adopt rules to implement this act within 120 days of the effective date of this act, a qualifying patient may commence an action in the circuit court for the county of Ingham to compel the department to perform the actions mandated pursuant to the provisions of this act.

 

(b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.

 

if it is so easy then why are we still in court after almost 3 years

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i appreciate all your responses so much!

 

what the law states and what they will listen to in court is really gonna be up to the judge.. in no way to me is having to pay 2000$ reasonable for having all proper documentation and following the laws that i have bought into. i do however understand the cost of these crook donkey attorneys. it is all so rediculous the extent of money thrown around in the "legal system"

in the past three years of providing medication for me and my patient, i have never even grossed 2000$ in sales off a harvest.. makes me sick to think that everyone thinks all caregivers are made of money now that we can grow cannabis. thats neither here nor there at this point.

 

my good friend sent in a caregiver transfer aug 4 of last year, he received his certified letter of approval yesterday stating him as the caregiver for his patient.. it stated about the plant count, 2.5 z's, issue date etc.. i am confidant thaT my renewal that was sent in sept 1 will also be backed by the approval letter some time soon. as long as the approval letter shows up, i am confidant i should be able to prove my innocence with a court appointed lawyer.. with the proper coaching that is.

the worst i can imagine i would get even if im prosecuted is a little probation plus whatever moo poo fines they include. some people are gettin hit alot worse, considering i only am charged with possession.

im just gonna keep my head held high, no pun intended, and hope that justice will prevail.

 

Bob, thanks again myman for the talk today.. it was very insightful and for the most part uplifting to me. it just kills me what they are putting such a deserving person of self medication through.. if anyone deserves to decide what helps them battle illness it is you my friend!

 

one day i will be able to enjoy the grow and the benefits of a bountiful harvest.. but until the day these gentlemen lighten up and start respecting people and the truth behind the herb, i will have absolutely nothing to do with it.

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MNC, I have to chime in here --

 

1) you should NEVER EVER EVER talk to LEO *(cops)* without a lawyer, so sadly this was your first and WORST mistake (future knowledge STAY SILENT and call a lawyer --they do not say that to amuse people it is the best advise possible no way out of snitching on yourself,

 

(2) See #1, with the Detectives -- you think there are fair justice minded people, they are not they want to lock you up, take everything you own, and throw your family (if any) on the street destitute.

 

(3) Never EVER EVER EVER go to court without a darn good lawyer (not some hack) a REAL LAWYER that people recommend that KNOWS THE MM LAW inside out ===

 

SO HERE IS THE BEST ADVICE POSSIBLE : Hire a Lawyer YESTERDAY, (N. Rockind is a good as are several others that advertise here and are online, NORML lawyers give 10% off rates so find them).....

 

Sell anything you have to pay for it, RUN TO THEIR OFFICE WITH $.

 

Second, have the balls to go to JURY TRIAL if they will not dismiss the case -- fellow citizens are your only hope if they Pros. are asses ).

 

This is the battle of your LIFE, it will impact you the rest of your LIFE...beg, borrow and sell your property to raise enough $$ to fund your defense, yes it can ruin you but free is able to make more, prison you make 29 cents a day !!! ----- What good is money if your locked up?

 

What good is property if your locked up?

 

It will all be worthless if you do years in prison.....this is no joke, GET A FRIKIN LAWYER now and wise up they destroy people (and do what your lawyer says, stay so low no one knows your there) .....M10

 

 

i am a registered caregiver for two patients, i have been the caregiver for the same patient for over two years now. the other patient i was transferred as caregiver for and have received a card for them aswell. the card showed up mnths expired.

both patients renewals including me as caregiver were sent out on sept.1 and in early october. like i said i recieved prior cards for both patients so renewal acceptance is not an issue..

almost two months ago i was pulled over for improper lane use and the sheriff smelled marijuana.. he was a k-nine unit so i fessed up and handed over less than 3 grams in a small jar. i explained i was a patient/caregiver but only had my expired card wich expired the month before. i had not renewed my patient card yet but was confident due to my other two patints being assigned to me. he was VERY understanding and took my expired card to run the number on the registry.. registry hotline is only open from 8a.m to 4 p.m. so he couldnt find out specific details, but it does inform leo that i was registered in the system. he explained to me he had to confiscate the meds and that i could get it back after providing the proper documentation. i was also told a detective would contact me before having to go to court. never happened, so i contacted the detective on my case, and she requested i drop off the proper documentation and it would be taken care of.. i forwarded all the copies i had of the renewall forms and cashed checks etc plus my patients matching expired card from the previous year.. never heard back from the detective so i called her number again and was surprised that she was transferred and a new detective was on the case. i explained everything to him and he was of little help.

so i went into the preliminary hearing without an attorney but with all proper documentation for my patients renewal.. the prosecuter wouldnt acknowledg the paperwork as being as good as a card and basically offended me and we had some choice words for each other.

so now i have a bench hearing set for mid march and i am nervous as hell. the card for my first patient should be here very soon aswell as this new "letter of acceptance" that was supposively being sent out feb 15..

has anyone recieved the letter of acceptance yet?

i really cant afford an attorney and was planning on a court appointed, granted my card or "letter pf approval" shows up in the next two weeks.

 

please, what the hell should i do and what is going to happen to me?!!

 

sorry for the long winded story, but this is a prime example of someone who is registered but caught in the backlog mess.

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the first letter was from a transfer issued 06/20/2011 and expires 11/01/2012.. the card and matching approval letter for my second patient was issued 08/09/2010 and expires 09/01/2012. booyah

 

interesting fact that even if you renew your card on the expiration date it continues to be valid.. 08/09/2010 to 09/012012 that proves ive been registered for over two years.

Edited by M.N.C.
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thanks Bob! i think u would know how this works better than anyone.. but i appreciate the time everyone took to read. keep in mind i wasnt raided with 60 some plants over count so prison is a little over exaggerated..

i swear some of you might be lawyers lawyers lawyers in disguise lmfao

 

i have court march 13 @1:30 in shelby, will post my results after then.

thanks again

:))

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if it is so easy then why are we still in court after almost 3 years

 

Isn't the locked enclosed facility at issue in your case? (Or is that Kingpin). Anyway that is a bit less clear than the section on the paperwork sufficing for a card not sent at issue in this case. This case hinges on a State duty (failure to send card)while your (Kingpin??) case did not (unless you count the order in the Statute that the agency draft clear regulations by such and such time).

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MNC,

 

First off want to say I am on your side and do not mean to sound otherwise, I hate these gentlemen using what should be a law to protect us to do what they are doing to you and Bobandtorri, it is sickening.

 

But it is likewise sad to see you not wanting to spend $2k when the costs already seem to have passed that -- a Good Lawyer can do wonders and just having one says you consider this as important as you should -- this is your future, your entire life we are talking about. IT IS THAT SERIOUS

AS ANY CONVICTION WILL HAVE WIDE RANGING IMPACT, SO DO NOT THINK THIS IS IT AND ITS OVER.....what I speak is called the "collateral consequences" of a conviction, so if you get any conviction it will impact jobs, family, housing, benefits -- EVERYTHING. So fight like hell and then some

and be involved in your defense -- this is no silly misdemeanor it is a criminal charge -- and the first one is the one you want to fight no holds barred...If it were I, it is about $20k and finding the most prolific, aggressive trial Lawyer in this State (probably Fieger) and making them loose...then suing

to recoup damages (small chance of that) but the first thing is beating the case, nothing goes forward without that -- that is as Ford says, JOB 1.....

 

NO a misdemeanor, depending on what charge and if it is a "high-court" misd. it usually limited to 93days. But that is not really the point,that is only the START --- the collateral consequences (as they are commonly called) of a criminal conviction will follow you for LIFE,

it's going to impact everything you do for the rest of your life...and far exceeds the $2k the Lawyer wanted ---actually that is so cheap they must have liked you......so go back to the counsel you talked with assuming they know MM Law inside out and have actually tried a case to Trail

I would rush back in and pay in cash, up front, fast, and in full...

 

Believe me it is money well spent.

 

ANY conviction causes a multitude of problems -- you want to walk with NO conviction (if at all possible) andno record (then get your prints, mug shot, and all forms back too) ..... but usually the ONLY way that is possible is if you go to trial and win acquittal.

 

Odds are the Pros. if they know they do not have enough to convict will try a sucker move and offer a plea to some nonsense, like "disorderly" or something like that -- this is always a judgement call, and all things being equal that type of offer is really really hard to decline...

..but if you have a clean record, and it is the ONLY charge, I would suggest coming back with an offer like a traffic violation --- but first things first GET A LAWYER NOW....you have no idea the jeopardy you have put yourself in by not having one (why did you not get court appointed?)

 

I hope you take this sage advice the others offered as I cannot imagine going to even a traffic ticket without counsel as a good lawyer will save you what you paid them ten fold (and you usually have no idea) suffice it to say, it is money well spent.....

 

For future info -- and for others reading this now or in the future:

 

1) Keep your mouth shut and get a lawyer if ever confronted with Gov. actors (LEO mainly). Cops can legally lie to you.

 

2) NEVER assume anything --you keep saying "in compliance" but just because you have the forms and cards, nothing is certain

 

3) NEVER consent to searches, no matter if your clean or not -- no reason to do so as it is a Constitutional right and never waive Const. rights without counsel spelling out why and getting something in return .....would you give up gold in your pocket just cause they asked? No, same principle as Const.

rights are gold in everyone's pocket, people died so you and I have these protections. Do not waive them.

 

3) Never talk to the Gov. people and when you see them red flags should be going off in your head that this is THE most serious event in your life, treat it accordingly and since I assume you do not have a Law Degree, get someone who does on your side immediately.

 

Finally, Bob and Torrey----, what has happened to you both is wrong, wrong, wrong -- it is not the way it is supposed to work. It is sickening, but keep fighting and keep your spirits up -- in the end we have to believe Justice will prevail.

Sometimes this system takes years. Some muffin makers who never should be Judges, are, and they make political decisions as opposed to Judicial decisions (Schutte used to be an Court of Appeals Judge). in the end Justice will prevail. The Law is written right. It should work but some of

the muffin makers mentioned previously are selling their souls to keep the Law from being properly applied. karma will get them.

99% of the time the system gets it right --- the worst thing you could do is give up and throw in the towel -- so keep fighting like you have so heroically doing --- we are behind you even though it probably feels like your all alone. The reason why Court decisions are called "opinions" is they are just that

first 1 Judge's opinion, then 3 Judges opinion (well 2 of three to make it so) and then 6 or 7 Judges opinions.... and so on, so you have more appellate courts to go, finally it will get enforce properly -- lets just Hope it ends soon as you know you are right. We fight for what is right. And then when you

prevail lets hope you will be able to recoup some of what was lost by using the winning to start a business...you will have the respect of everyone in our community. I would be glad to help.

Sadly suffice it to say the system sucks but compared to some other countries it is the best int he World as you and I know.

It will come out right despite corrupt people trying to make evil prevail over good -- it never does. Keep the fight in ya just like it was a street fight ---

 

Murph

 

No! hang inn their you will be FREE soon

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My personal opinion is if you have and have had all paperwork in order and now have an actual card and the approval letters to back you up then in a perfect world you should be fine in the end and it should have never come to this. Everyone know we do not live in a perfect world but me personally I would walk in with what you got and a copy of the law. If they do not dismiss your case then lay your paperwork,cards and a copy of the law and tell them to prove you were not legal. They cannot do it unless there is more to the story.

But hey that is just what I would do. Good luck.

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