Need Advice

[trix]

2k is what I paid for my First lawyer, and I had to fire him.. Lawyer's are expensive.

 

This is all for a ticket, wow

 

My brother ran a light and totaled his and the other car, his lawyer was 750..and there were injurys

[The Digital Nomad]

all that b.s. - a disorderly ticket is a $100 fine and have a nice day

[ernst]

Since the officer couldn't get me for possession he got me for public intoxication ... Which apparently in the state of Mi is a misdemeanor ...... I dunno why it's so expensive .... And I've called several attorneys they are all in the same price range

[The Digital Nomad]

he could have busted your cardholding medical marijuana friend, and he could have busted you for possession of a controlled substance.

So you got a disorderly ticket. Do you see what I am getting at? you got caught, you got a break.

[The Digital Nomad]

and for a misdemeanor, you don't need a lawyer.

[ernst]

I'm the card holder ...... Not him .....

[Timmahh]

I agree with DN, here, Disorderly conduct in public is nothing major. Unless the ticket makes the statement of Cannabis being involved, just pay the ticket and be done with it.. even if it did, i would rethink it, but may just pay it. its not a felony, and will naturally fall off the record in 2 yrs (if im not mistaken).

 

No Public Use is part of the Act... behind bar in ally or parking lot is usually considered public.

[t-pain]

you are protected under section 4 from fines or arrest, especially because you werent smoking in public when cop showed up. you should be able to dismiss charges at your court hearing. good luck!

[Timmahh]

Good points and I agree. being the card holder, no fine, unless you are outside the act.... the fact is if your drummer admitted to smoking, and IF he does not have a Dr recommendation at minimum, then you are outside the protections of the Act. in that case, Pay the fine, and move along. Nothing to see here.

 

 

otherwise you open the door of possible charges as this situation is outlined in the MMM Act, with Penalties and Fine.

[Fat Freddy]

The above posts lead me to ask what would be the typical fine be??

a hundred bucks, maybe 250.00?? A far cry from 2k if you ask me.

[The Digital Nomad]

call the court house - they will tell you the fine for disorderly - it is between $100 and $150.(that was city/county court. State court can be upto $500) I worked loss prevention for Best Buy, we used to plea out our shoplifters from a felony retail fraud to a misdemeanor 'disorderly person' fine. no probation, etc.

 

Lets also consider this from a medical/patient POV. We use our medicine at home, like any other medicine. If you had been caught smoking on your own, at a rest stop trying to drive from detroit to the mackinaw bridge - I understand completely. Driving is a pain, and you want to be very discrete when medicating. If you are recreating with marijuana at a night club, rock concert, or bar - are you making us look good? Did you make a mistake? Do you want to rally everyone for your cause - the right to smoke joints with anyone you please behind a bar? If I got caught and got a ticket, I would just 'man up' and keep quiet about my mistakes, lesson learned.

 

I don't mean to come off hard, but I am very familiar with both - Detroit, clubs, concerts - and the medical marijuana scene. TescoFest 2012!

[ernst]

Truth is I did man up to my mistake ..... And I medicated cause my nausea kicked in and I wanted to enjoy the show not sit with my head down at a table. I know where I was wrong an I'm not tryi g to get out of anything ! What I am/was doing was simply trying to find out what may come of this. Also I'm a huge fighter for the cause I've been tommy protest and rally's and have educated tons of people about te benefits of cannabis so please don't put me in the category of abusing the law! My intensions where not to come on here and gather a group and fight but to try and find out what I may be facing for MY mistake! As far as te person without the card .... That was unknown to me .... And yes I asked prior. No I didn't ask to see it just if he had it. So please stop attacking me I'm on your side and have been since 2008 !

[Fat Freddy]

Truth is I did man up to my mistake ..... And I medicated cause my nausea kicked in and I wanted to enjoy the show not sit with my head down at a table. I know where I was wrong an I'm not tryi g to get out of anything ! What I am/was doing was simply trying to find out what may come of this. Also I'm a huge fighter for the cause I've been tommy protest and rally's and have educated tons of people about te benefits of cannabis so please don't put me in the category of abusing the law! My intensions where not to come on here and gather a group and fight but to try and find out what I may be facing for MY mistake! As far as te person without the card .... That was unknown to me .... And yes I asked prior. No I didn't ask to see it just if he had it. So please stop attacking me I'm on your side and have been since 2008 !

 

My dear friend, I for one do not think you were trying to abuse the law. As human being we sometimes make poor choices.

What I think others here are trying to show is " How does leo see things? How does non users see things?

Imho all you need to do is take a deep breath and do the foot work to know what the court may do. The prosecutor may invite you into his office and offer a plea bargain That you just might want to consider. Example: A couple years back I took my dogs for a ride and stopped at a fabric store to get some fabric for a project.

Well the counter people like to chat with customers and I got caught up in a stalled line.

When I got through the line and went to my truck I see an officer sitting in his car behind my truck.

He called to me to come over and to chat with him. I stated Just a minute and I will be right with you. Opened my truck and started it and turned on the ac.

Now mind you when I went into the store it was cloudy and cool out.

When I got out of the store it had cleared off and gotten warm. Well the officer ask me to take a seat in his car and he explained the situation to me.

In reply I explained what had happened.

After a few minutes he decided to give me a misdemeanor ticket. Instead of taking my pets, towing my truck and jailing me.

When I went to court the prosecutor informed me the officer had a conflicting case and could not be in court that day and offered a fine and probation for a guilty plea.

I declined and awaited a second court date, Went to that one and repeated the process, this time the fine that was offered was less with no probation. I declined.

On the 3rd court date the prosecutor and I came to terms. I I managed to get a civil infraction, no probation, no record, a $50 dollar fine and $50 dollar court costs.

 

So do not let your mind run away with you. do some research and be prepared to offer your side to the prosecutor in a manner that he/she might look on favorably.

Never can tell if that officer will show up for the court case to start with. So sit and listen carefully and be respectful. It goes a long way.

Edited October 3, 2012 by Fat Freddy

[Timmahh]

Being a Musician that has played live shows in Clubs, Bars, and other venues since 15, and having to stop playing due to the back issues, I can attest that being at a club, doing your Job (a Musician is a contracted employee), medication is required, regardless of his job as entertainer or where the venue is located.

 

Obviously this is after the fact but, you would've been much better off in the equip trailer or van ect.. out of sight, out of mind kind of thing... with that said, i've been in many a ally between sets. Discretion is key still.

 

Trust me, it may look like all fun and games being an Entertainer that has achieved a quality of talent that is worth being paid to perform. But what YOU see as an audience, is a mere 1/1000th of what is involved to put a show on, Especially at the local club level. All that aside there is the physical side of being a stage performer. You have to stand in a usually fairly small area, holding up to 20 lbs of gear strapped around your shoulders/neck, any walking mail carrier will understand this ect, for up to 4 hrs with a 15 minute setbreak... Depending on the instrument played, and the style of music, the act of performing can be a physical endurance cardio workout that makes palates look like channel surfing. the acrobatics, while not as spectacular as gymnastics, is nearly as physically exhausting, and is usually 5 times longer than the normal gymnastic routine. Ever been to a Megadeth or Testament show? Make no mistake, being a stage performer in a live music arena can be very physically demanding.

 

the problem in the end, is wrong place/time. Add to that the drummer NOT being a Pt.

Tell your drummer to quit messing around and get his Dr rec at the minimum... and sit in the van/trailer next time, keys NOT in the Ignition.

 

 

There is typically a relationship between many musicians and cops. Believe it or not, this is usually a very good 2 way relationship. The Cops know most musicians will keep the peace inside the bar as much as they can. Trust me when I say, no musician likes having to stop playing a set because of some drunk idiot that has to feel a need to puff his feathers and fight.

Being in bars every weekend for a good part of my live playing career, i've often seen and conversed with the local LEO. They usually keep rolling thru the parking lots until the gear was loaded and locked up. They would do this because trailers full of gear, and musicians with a pocket full of pay at 3am, after a long weekend playing, can be easy targets for a quick buck.....

 

All I am saying is to say its recreational to medicate, solely because the OP was at work in a nightclub working as a performing artist, is bupkus. His drummer may of been recreating, though being a bassist, and having to deal with drummers directly, it was most certainly medicating. You ever try to hold a conversation with a typical rock drummer? lol

[The Digital Nomad]

I was not attacking your right to medicate, but the issue you were raising about getting a break from the officer and getting the disoderly ticket. You did read through this forum about people who lost their jobs, their cars, and homes due to a overzealous officer that simply found a MMMP card, let alone a joint being smoked behind a bar.

Everytime a patient or CG is busted - sharing meds with someone that is not carded - that is ammunition against us.

 

I have been to rock shows and bars, and clubs. I have smoked for both reasons - it was a long drive and I don't drink. If I share my meds, I am doing this 'off the books' - off the rules of MMMA. Thus, I accept the penalties. You could have been arrested, your meds taken, your card revoked. Do let me know what the fine is, I am sure it will be less than the cost of the beer your band drank that night.

[t-pain]

i think by 'need advice', ernst would just like the name of a lawyer.

one who wont cost him $2k for what will be a quick court appearance.

 

as long as you didnt admit , nor did anyone witness you smoking 'in public' you are safe under section 4 of the mmma.

of course, they could call in the drummer as a witness.