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I was in court in Charlevoix with a friend. He is a legal card holding patient, not my patient but a friend. He was pulled over a little after 2:00 a.m. on the south end of charlevoix county by the local sheriff. Now my friend did break some laws for sure, his licence plate was expired by 11 days, his insurance had lapsed by 19 days, he was driving on a restricted licence but what really got their attention was the corner of a baggie of marijuana and his bowl that were in his pocket, maybe a gram and a half of meds. Today the judge said he would not accept my friends medical marijuana card as a defense for posession. The judge sentenced my friend to his choice of 30-90 days in the county jail and 1 year probation which would involve weekly urinalisis and the suspension of his medical marijuana card until completion of his probation, or 1 year in the county jail. How in the world can a judge do this? This guy doesnt have any money, when I dropped him off he was pretty down. What in the world does he do now? He has young kids.

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the judge actually told my friend that this court does not recognize or agree with the mmmj law, actually the judge told the whole court this. Unfortunatly my friend has an attourney im thinkin he needs a better one. The judge gave him a week er 10 days to get his affairs in order. This is not an isolated incedent either, last year my son had an eighth in his coat in the back seat, they arrested him for possession, he is a legal card holder, the judge told us he was sick of hearing the mmj excuse & put my son on probation with pee test, he failed and had to do 18 days in the county

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If I am to understand correctly, since the transportation bill has not been passed there is nothing that states that it is unlawful to have marijuana in his possession as a cardholder.

 

He can certainly get in trouble for the expired tags or insurance, but not the MM. IMO.

 

Call your local legal aide attorney's office.

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They are known for being shady in that county as well as the one next door. The judge was probably Judge May, they love to prey on the poor over there. If your friend stands any chance he must lawyer up when dealing with them. Most of the lawyers in that area are buddies with the court so they won't help you, just tax you and tell you to plea.

 

It's a shame but to get a lawyer that will knock this lame case down, he will need to spend at least 3-5K. :notfair:

 

Let it be known once again never admit you got anything, and don't show the card unless you really have too.

 

Also remember the old Hippie Rule, "Never break more then one law at a time." Yes he was legal but his plates and insurance were not.

 

Good luck!

Edited by Cutty Ranks
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Ok folks, some of you are not going to like what I am about to say but so be it.

 

Number one issue is called probable cause. Why did the cop pull em over? Was he speeding, had a tail light out?

Something got the cops attention.

 

A little common sense goes a long way. Stash your meds in the glove box and lock it! Out of sight out of mind! Why tempt the devil?

With that said. Lets look at the other issues. expired lic: considering it was restricted ( not going to speculate on the reason ) could be a fine, county time, suspension of lic or any combination of them.

Expired insurance: a fine generally.

If it was me I would appeal to the prosecution for a reduction in time. ( requires humble honesty in the approach ) and take a plea bargain for say community service.

Now I say this due to the fact that the defendant can not afford to get a good lawyer.

 

Just remember good sense is priceless.

 

 

 

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m gonna get with him tomorrow & hopefully try to get him some better help. Right now I think he's just kinda givin up and gonna make arrangments to do his time, its not right but unfortunatly I think thats whats gonna happen. I am just shocked that this can happen, whats the sense in having a card? Honestly, if his plates werent expired this probably wouldnt have ever happend. still sucks

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Let it be known once again never admit you got anything, and don't show the card unless you really have too.

 

 

 

 

That strategy is about to go down the tubes. A new bill is about to be signed into law that makes it a crime to lie to a peace officer. "Do you have any marjuana?" if you answer "no", and they find some, forget about the possession charge, they've got you for lying to the police.

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That strategy is about to go down the tubes. A new bill is about to be signed into law that makes it a crime to lie to a peace officer. "Do you have any marjuana?" if you answer "no", and they find some, forget about the possession charge, they've got you for lying to the police.

 

Here in Michigan?

 

Just don't answer. All you need for encounters with police is two words: "no comment." PERIOD.

 

This judge is plainly breaking the law. Is it possible to sue them personally for criminal misconduct? This needs to be appealed. Call some lawyers - Michael Komorn, etc., some locals, either way if this gets appealed this is going to get tossed. 90 days in the clink, your friend could make enough in that time to pay for a lawyer, explain that to the lawyer and see if they will accept payment on a plan. Any sympathetic one will be happy to compromise here because this is so appalling and needs to be fixed. This judge needs to be DISBARRED!!! :growl::sword:

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The Battle of Athens: Restoring the Rule of Law

 

 

I wonder if this is what Thomas Jefferson meant? Is it time to clean up the tyranny? Only you know for sure.

 

This judge is the very definition of a tyrant, his way is what counts, never mind what the people have said. If I were you, I'd be finding out who will be running against him and offer some volunteer support. Give a little back to the judge!

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If you can't afford a lawyer for this guy please, please do post information on this case so we can help out. Maybe we could even raise a defense fund for him. This is so outrageous it needs to stop immediately. A judge can't just BREAK THE LAW and be allowed to get away with it. If one does there will be more. I don't know where to start on this, maybe someone else does, but you MUST contact a lawyer about this. It's probably a slam dunk case for any lawyer that's not a complete idiot.

 

Does he have a public defender?

 

Let's keep your buddy out of jail... this is so wrong, really scary...

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I was in court in Charlevoix with a friend. He is a legal card holding patient, not my patient but a friend. He was pulled over a little after 2:00 a.m. on the south end of charlevoix county by the local sheriff. Now my friend did break some laws for sure, his licence plate was expired by 11 days, his insurance had lapsed by 19 days, he was driving on a restricted licence but what really got their attention was the corner of a baggie of marijuana and his bowl that were in his pocket, maybe a gram and a half of meds. Today the judge said he would not accept my friends medical marijuana card as a defense for posession. The judge sentenced my friend to his choice of 30-90 days in the county jail and 1 year probation which would involve weekly urinalisis and the suspension of his medical marijuana card until completion of his probation, or 1 year in the county jail. How in the world can a judge do this? This guy doesnt have any money, when I dropped him off he was pretty down. What in the world does he do now? He has young kids.

I would take it to court before my peers. It may not be any different,but how can it get any worse? Just insane,and I would be in contempt of court and tell the jury I was a patient.

For sure he needs to a good lawyer,this judge is breaking the freaking law,get your friend fired up,we need to set up a fund for sure!!

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Here in Michigan?

 

Just don't answer. All you need for encounters with police is two words: "no comment." PERIOD.

 

This judge is plainly breaking the law. Is it possible to sue them personally for criminal misconduct? This needs to be appealed. Call some lawyers - Michael Komorn, etc., some locals, either way if this gets appealed this is going to get tossed. 90 days in the clink, your friend could make enough in that time to pay for a lawyer, explain that to the lawyer and see if they will accept payment on a plan. Any sympathetic one will be happy to compromise here because this is so appalling and needs to be fixed. This judge needs to be DISBARRED!!! :growl::sword:

 

This needs to be appealed.i agree

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Here in Michigan?

 

Just don't answer. All you need for encounters with police is two words: "no comment." PERIOD.

 

This judge is plainly breaking the law. Is it possible to sue them personally for criminal misconduct? This needs to be appealed. Call some lawyers - Michael Komorn, etc., some locals, either way if this gets appealed this is going to get tossed. 90 days in the clink, your friend could make enough in that time to pay for a lawyer, explain that to the lawyer and see if they will accept payment on a plan. Any sympathetic one will be happy to compromise here because this is so appalling and needs to be fixed. This judge needs to be DISBARRED!!! :growl::sword:

 

most people know that a good Lawyer will cost you 5 to 7 thousand Mr. kockind will not take a case for less then 10K to start and if you go to trial another 5 and to appeal another 7 to 10 just a few days ago here some one spent 55K and he only had 1/8 oz that he sold to the cops he posted that he was going to go to jail for almost a year the courts know that most people will just take a plea deal

with are case the State has spent over 300K on are case and it ant over yet the state has a signed blank check

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This is frightening, the average person can not afford justice. This screams of evil. How is this a just system when it is ruled by the almighty dollar? What is justice?

 

I have asked on here before about a lawyer pool, never an answer. The only way that we will have justice is to form a lawyer pool so that the average patient/caregiver can form a descent defense, we all must chip in to protect each other. I don't know if you lawyers are making a killing off of us the patient/caregivers or it actually cost that much to form a defense, but one of you has to help us out to a fair defense. I know that it cost money to defend us, but really, thousands of dollars! Can you at least think about what I have said and form a "pool" or what ever it's known as. Please help us, I'm begging you.

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This is frightening, the average person can not afford justice. This screams of evil. How is this a just system when it is ruled by the almighty dollar? What is justice?

 

I have asked on here before about a lawyer pool, never an answer. The only way that we will have justice is to form a lawyer pool so that the average patient/caregiver can form a descent defense, we all must chip in to protect each other. I don't know if you lawyers are making a killing off of us the patient/caregivers or it actually cost that much to form a defense, but one of you has to help us out to a fair defense. I know that it cost money to defend us, but really, thousands of dollars! Can you at least think about what I have said and form a "pool" or what ever it's known as. Please help us, I'm begging you.

I agree. We will never get them to comply unless they are held accountable each and every time they rape us. They bank on the fact that 99% of defendants will plea due to lack of resources. This is really the direction we need to head next. It's really the only way to keep the corruption somewhat balanced.

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This is frightening, the average person can not afford justice. This screams of evil. How is this a just system when it is ruled by the almighty dollar? What is justice?

 

Yes it is scary as h3ll. On what Bob said, it is WRONG that the state can spend unlimited funds, while they can seize everything you have as "proceeds of a crime" and then say "have fun finding money to hire a lawyer." They should have to match you dollar for dollar, MINIMUM, for your defense. Every minute an officer spends testifying in court, the amount he was paid to do that should be given to your defense fund. Until we have this, courts will never be fair, and judges will remain justiceless executioners of the poor. :growl:

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I think this should be taken to the media... they would eat this up. This needs a lot more attention. This judge can't be allowed to get away with this... he needs to be disbarred. I would imagine it would be easy if we had an attorney to press the case, I've never seen such clear cut judicial misconduct in my life.

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