Logic And Common Sense?

[shishka]

Yeah, my court appointed lawyer met me in the stair well of the courthouse. Not the best route to go.

Edited September 28, 2012 by shishka

[trix]

Was back in court today, and it was very upsetting.

 

While waiting for my court appointed attorney, I listened to the judge chastise a youg man over his smoking marijuana.

 

It was like listening to Ronald Reagan. Adicting, kills brain cells, causes lung cancer, etc. I couldn't help shaking my head. I was going in front of that judge?

 

Then my attorney arrived. He was treating me like a child. A very bad child. One who dared use marijuana. This guy was suppose to represent me?

 

I asked him whose side he was on. Oh, "I'm on your side.". He got very mad when I told him I thought the prosecutor was misinterpreting the law. "It means whatever they say it means."

 

When I asked him when we are going to get together to discuss strategy, he said we weren't. He was the lawyer, not me.

 

I think I am going to prison.

 

He asked me for the names of my patients and got very upset when I told him I had to keep that information confidential.

 

Joel man I really feel your pain and anxiety, it seems so many of our cases in court are all so similar when it come time to see a Judge.. I spent the last of my savings to hire a Lawyer and he was such a douche.. Said the same things, We watched the Judge do the same as you described, I was told 2 years fedral prison manditory, plus the cultivation charges was like 9 years man, I was given a zero % chance of walking away without a felony plea or jail time.. I fired that lawyer and threw 2k in the trash!

 

I think its amazing to me that 2, 3, 10 people can go in front of the same Judge with the same charges and depending on your lawyer each case can turn out different..The justice system is bought and paid for,(IMO) you have to pay out your arse and sell everything down to your earings to have a leg to stand on.. But as I sit here 2 years later I'm realizing what a very hard, but positive move it was to hire a REAL MM trial lawyer.. I know its impossible for some to do, and its a shame really is.. If you need someone to talk to feel free to PM me.. Times like this can't be stressful and depressing gotta keep faith that sheet will work out..

 

Trix

[Joel]

Thanks Trix.

 

I feel like I'm right back to my very first post starting this topic.

 

I will go to the prelim on Oct 10th and see what my lawyer will do, then I will delay as much as I can before I "do the right thing". Simple common sense.

 

I am aware it must sound crazy, but considering the pain I am in, and what getting a "real MM lawyer" would cost, I am left with little choice.

 

There is no way, none, that I will saddle my family with that kind of debt. If I am gone, so are the charges. Nuff said.

Edited September 28, 2012 by Joel

[Herb Cannabis]

Was back in court today, and it was very upsetting.

 

While waiting for my court appointed attorney, I listened to the judge chastise a youg man over his smoking marijuana.

 

It was like listening to Ronald Reagan. Adicting, kills brain cells, causes lung cancer, etc. I couldn't help shaking my head. I was going in front of that judge?

 

Then my attorney arrived. He was treating me like a child. A very bad child. One who dared use marijuana. This guy was suppose to represent me?

 

I asked him whose side he was on. Oh, "I'm on your side.". He got very mad when I told him I thought the prosecutor was misinterpreting the law. "It means whatever they say it means."

 

When I asked him when we are going to get together to discuss strategy, he said we weren't. He was the lawyer, not me.

 

I think I am going to prison.

 

He asked me for the names of my patients and got very upset when I told him I had to keep that information confidential.

 

I'm no lawyer so I could be talking out my arse, but, can't you fire him for not representing you properly? I'm thinking that you can file a complaint to the bar as well. This guy seemed to be irresponsible from the start, first he was late and secondly, he didn't want to work with you in the least. He probably is going to try to convince you to cop a plea. I'd just about bet on that and I'm not a betting man. This idea may be worth checking out.

[Herb Cannabis]

Thanks Trix.

 

I feel like I'm right back to my very first post starting this topic.

 

I will go to the prelim on Oct 10th and see what my lawyer will do, then I will delay as much as I can before I "do the right thing". Simple common sense.

 

I am aware it must sound crazy, but considering the pain I am in, and what getting a "real MM lawyer" would cost, I am left with little choice.

 

There is no way, none, that I will saddle my family with that kind of debt. If I am gone, so are the charges. Nuff said.

 

I realize that you believe that you have thought this through, but, have you? I believe that your significant others would rather have you alive and in jail rather than gone. And, you haven't been convicted of anything yet so why the dire thoughts?

 

You must not allow them to win and that is exactly what you will be doing along with setting a great example for your grand children. If you think I'm trying to get your attention, you are right, your thoughts though seemingly rational to you, are not. You need to fight those basturds and you seem to have forgotten about your sec 8 defense. I really don't see how you could loose. At the very worst, they are going to offer to plea your charges down to something much less than what they are trying to charge you with now.

 

Hang in there Joel, there is light at the end of the tunnel (you can take that from a man who stares at that light on nearly a daily basis).

 

I will be thinking about you, good luck.

Edited September 28, 2012 by Herb Cannabis

[CaveatLector]

If you don't have a cirminal record you aren't likely to do any time. Keep your head up.

[SFC]

 

There is no way, none, that I will saddle my family with that kind of debt. If I am gone, so are the charges. Nuff said.

 

 

 

You know what Joel? There is no price in the world your family wouldn't pay to have you stick around, so stop that kind of talk right now. You have to play the game, it is a long grinding game as Trix has made clear. This is not the end of the world or the end of your life.

[solabeirtan]

I'm no lawyer so I could be talking out my arse, but, can't you fire him for not representing you properly? I'm thinking that you can file a complaint to the bar as well. This guy seemed to be irresponsible from the start, first he was late and secondly, he didn't want to work with you in the least. He probably is going to try to convince you to cop a plea. I'd just about bet on that and I'm not a betting man. This idea may be worth checking out.

 

Yes you can ! I did it. Back in Mar 2009 though, Law had passed in 2008 but no cards had been issued then. I ended up reconsidering the plea to unregistered weapon - $150 fine, after talking to another lawyer. When I went back with my original Lawyer, judge asked why did I fire him? I looked at him, looked at her, said, "Cause he's wasn't doing his job". Thay gave me a month at least, before I called my Lawyer back, made a deal on his balance and he called the PA. The rest was history got the balance of my bond back, life was good again.

 

Best of Luck to ya, Joel !

[Joel]

In the Sixth Amendment it reads "In all criminal prosecutions, the accused...shall have the Assistance of Counsel for his defense."

 

In Gideon v. Wainwright the Supreme Court ruled that the states "had to provide access to counsel for any defendant facing a felony charge."

 

There is no way the judge will allow me to face these charges without being represented by an attorney, and will likely dissallow me from firing my current one. In case you haven't noticed, we laymen are all ignorant in their eyes.

 

I will let someone else bring up her name as she has my fate in her hands, but this judge is running for the MI Supreme Court. In my humble opinion, after hearing her statements about marijuana, I feel that the only bench she should be on is in the park.

[Joel]

I really appreciate all of your support. I am not crazy. I do NOT want to die, but this past month I have been experiencing intense pain since I am not allowed to take my Marijuana meds. My doctor just upped my opiates to compensate, but I really do not want to addict myself to those devil drugs.

 

I simply cannot face a year or two on probation while not being allowed my medication. Not so much for the pain, as the opiates help there, but I have a condition called gastro perisis where I suffer (and I mean SUFFER) from acute nausea. Much like the nausea those of you on chemo must have.

 

A simple very small hit of a wonderful strain I fiound, shuts it down in seconds, and lasts for hours. I have found no better strain for nausea.

 

You are correct that my family does not agree to my plans, but the way I see it, it will be them that will face the hardship of paying all the lawyer's fees and the court costs. That cannot be the legacy I leave them. I am only considering this for their own good. One last kindness I can give them.

Edited September 28, 2012 by Joel

[+Malamute]

It's a bust. Work your way through it like 800,000 other Americans do every year.

 

It TOTALLY sucks, but ya just do what ya gotta do and get through it.

 

Chin up Joel.

 

I feel for ya mon'.

[Joel]

Geeze Mal. I can't believe how great it is to read your voice!

[Joel]

I just realized how appropo my Jefferson signatory quote is with my own circumstances.

 

WHO KNEW BACK IN 2008 when I put it in?

[+Malamute]

Geeze Mal. I can't believe how great it is to read your voice!

 

:-)

 

Hopefully your attorney can find an angle to get you out of it.

 

Doesn't matter if what ya did was or wasnt legal under the Act(figuritively), all that matters is you get off with no charge or something so minimal that the worst of this is what you are going through now.

 

Good luck bro'.

[trix]

As I saw stated above by CL, I believe that statement to be true.. If you have no previous record your chance of prison is in my eyes not even really in the picture (7411 probation), But thats just my opinion. You CAN fire your lawyer I did it, the Judge will ask why and why now.. give a honest answer THE GUY DOESN'T HAVE MY BEST INTEREST AT HEART... will/should be postponed and PLEASE from my own dramtic traumatizing experince in court DON'T let that janky azz lawyer wave your right to a Preliminary trial in front of the CITY COURT Judge, they will try and tell you (in my case and others I have witnessed) that you will have a better chance at getting off if its bound over to Circuit court.. LIARSSSSSSS!!!!

 

I found out that a plea is a win for a lawyer, maybe not for you but in the eyes of (some) lawyers not all of corse its a win. But once you wave your right to the prelim. then its basicaly you and the Judge and the hallway to prison is just steps away.. least in city court, you get to go home and have a chance its like a free trial (notFREE) but its the first chance you have to defend your stance, once bound over you have the Judge and Jury.. Just thought I would say that, due to my first lawyer that was fired skipped my prelim. after I fired him, Michael went in and had it dropped back to city court and ultimintaly was asked why did it come back to me asked the city Judge, why did you wave your right to the prelim" "his lawyer didn't have his intresrt or knowledge of the MMA" AND WAS dropped right there 1 solid full year maybe a little longer..

 

I'm not a lawyer, I have only read what you have told us.. But a plea is far cheaper than a trial FAR LESS expensive, but thats a decison you and your family should make, cause a plea can be just as bad as going to jail (IMO).. But way the odds, postpone as long as possible and continue to look for the right lawyer that will say "YOU HAVE A CHANCE" not the guy that gives you a zero % chance.. pleas are the way they deal the cards if you can't play anylonger and its best for you to fold the cards.. then god bless you. A misdemeanor is way better than a felony..

 

I couldn't personally do probation and drug testing (distened bladder, painful to no urine production) they didn't care, I COULD NOT do drug testing for any period of time, thus I pushed forward with confidance that I would prevail by not taking a plea.. it was a 9 year gamble, But my lawyer made me confidant that we could win and come out victorious..2 years later in HOME typing you what transpired, in hopes 2 years from now, your story will help someone else.

 

Trix

[Timmahh]

Joel, have you called the ACLU? they may have a lawyer avialable to take or assist in your case.

[t-pain]

have you called your congressman?

sometimes they know some lawyers who take probono cases.

 

dont give up until you make some phone calls at least

 

call norml, asa, aclu, too.

 

it cant hurt.

 

call obama while you are at it. that guy needs advice!

whos the judge? that lady thats on tv? using her 'two kids' as experience for real world justice? lol.

[Kingpinn]

You'll find no compassion here Joel. Just lip service

Edited September 29, 2012 by Kingpinn

[The Digital Nomad]

I disagree Kingpinn, I read a lot of replies by members encouraging the man during his tough times.

[Kingpinn]

Lip Service just like I said

You seem to forget I have been run threw this sites compassionate Lip Service

Edited September 29, 2012 by Kingpinn

[SFC]

Joel was implying taking his own life Larry, "Lip Service" may hopefully help him reconsider doing something that cannot be undone! There are a good many MMJ lawyers out there these days and not all of them are outrageously priced. It is what it is and Joel has received plenty of positive ideas in this thread.

 

Hang in there Joel.

[peanutbutter]

I'm still on page 4 and reading.

 

Joel!! Section four is to prevent arrest or seizure of property.

 

You are past that point in time.

 

Now it's section eight that applies. That is the defense section of the law.

 

The Supreme Court listed the items needed to get a case dismissed under section eight.

 

So I'll put this in big bold print:

 

Section eight says NOTHING about an enclosed facility.

It is NOT a required element to have the case dismissed.

 

To apply section eight, you MUST ask for an evidentiry (sp?) hearing. This would be during the pretrial period of time.

 

IF you miss that request, you may not be able to use the defense at all.

[peanutbutter]

Thanks Trix.

 

I feel like I'm right back to my very first post starting this topic.

 

I will go to the prelim on Oct 10th and see what my lawyer will do, then I will delay as much as I can before I "do the right thing". Simple common sense.

 

I am aware it must sound crazy, but considering the pain I am in, and what getting a "real MM lawyer" would cost, I am left with little choice.

 

There is no way, none, that I will saddle my family with that kind of debt. If I am gone, so are the charges. Nuff said.

 

If there is no section eight hearing at the prelim, you will not be able to use it later.

[CaveatLector]

If there is no section eight hearing at the prelim, you will not be able to use it later.

Where'd you come up with that one?

[peanutbutter]

Where'd you come up with that one?

 

The Supreme Court ruling.