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When Do I Ask For A Section 8 Defense?


Herb Cannabis

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I am going before a judge on Tuesday, November 13 at 10:00 am and want to know if that is the time I ask for the section 8 defense. This will be my first court appearance after my arraignment. I don't want to mess this up.

 

I would appreciate it if some one knows when that time comes.

 

I understand that this hearing on Tuesday is to determine if I committed a crime.

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I am going before a judge on Tuesday, November 13 at 10:00 am and want to know if that is the time I ask for the section 8 defense. This will be my first court appearance after my arraignment. I don't want to mess this up.

 

I would appreciate it if some one knows when that time comes.

 

I understand that this hearing on Tuesday is to determine if I committed a crime.

When you say arraignment do you mean initial appearance on a felony or do you mean circuit court arraignment. There is a difference. Is you court date for a preliminary examination? Do you have an attorney? What court?
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my uninformed opinion says:

file a pretrial motion or a motion to dismiss the minute you are in front of the judge.

if you can file a motion to dismiss now, do that as well. call up the court clerk and ask him if its possible.

hey, it cant hurt. you can always file the motion again later.

 

the msc king/kolanek opinion states on page 32, at the bottom:

6. A defendant who moves for the dismissal of criminal charges under § 8 must

raise the defense in a pretrial motion to dismiss and for an evidentiary hearing.

 

after you file the motion to dismiss, the evidentiary hearing is to decide if your motion to dismiss is legit. the judge will set a date or whatever to hear evidence from you and the prosecutor. be sure to have your evidence ready, and use the prosecutions evidence as much as possible, since it can be verified and has police witnessess.

 

i am not a lawyer, do not take this as legal advice.

if you want some people to show up, let us know the court addy :)

Edited by t-pain
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When you say arraignment do you mean initial appearance on a felony or do you mean circuit court arraignment. There is a difference. Is you court date for a preliminary examination? Do you have an attorney? What court?
When you say arraignment do you mean initial appearance on a felony or do you mean circuit court arraignment. There is a difference. Is you court date for a preliminary examination? Do you have an attorney? What court?

 

I believe that it is the initial appearance on a felony.

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my uninformed opinion says: file a pretrial motion or a motion to dismiss the minute you are in front of the judge. if you can file a motion to dismiss now, do that as well. call up the court clerk and ask him if its possible. hey, it cant hurt. you can always file the motion again later. the msc king/kolanek opinion states on page 32, at the bottom: after you file the motion to dismiss, the evidentiary hearing is to decide if your motion to dismiss is legit. the judge will set a date or whatever to hear evidence from you and the prosecutor. be sure to have your evidence ready, and use the prosecutions evidence as much as possible, since it can be verified and has police witnessess. i am not a lawyer, do not take this as legal advice. if you want some people to show up, let us know the court addy :)

 

I don't believe that having people show up at the first court date would be necessary, but the second date on the 20th might be a different story. But, I understand that they have a habit of changing court dates at the last minute, I'd hate for you good people to waste time and gas. I wonder if they do this on purpose?

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I didn't get a PM from you.

 

Delivery failed permanently on my PM. Sorry. I am going to my pretrial hearing on the 20th at 1:30 PM. My court appointed is going to ask for a 2 week delay in order to have more time. Whatever that means. I actually believe that he is trying to help me so wish luck. Thanks.

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Bob, I got your PM, thank you for your generous offer. I'd like to get with you at a later date when all is said and done. We need to find a way to fund these lawyers so that others won't be in our situation in the future.

Ok

But when it's all said and done no one can help you

All I can tell you now is with out knowing your case is if you had to many plants or to much Meds on hand and not had your remediation or a card

Save the stress that you will go thought and take the plea

If you we're all legal then GOOD Luck

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Ok

But when it's all said and done no one can help you

All I can tell you now is with out knowing your case is if you had to many plants or to much Meds on hand and not had your remediation or a card

Save the stress that you will go thought and take the plea

If you we're all legal then GOOD Luck

 

I was within the limits on both plants and usable material. I have tried to follow the law as best as I can. I went to the, "Clearing the Air" seminars put on by Ken Stecker and the Michigan Prosecuting attorneys Association. I even tried to call my county prosecutor for guidance on my out door grow. I posted the results here in this forum. The problem is that I had a plant outside of my garden. I didn't put it there, I think a bird did. I didn't discover it until late in the summer and just didn't have the heart to kill it. Somehow, when you know that you have a limited amount of time on this earth, it makes it hard to kill anything at all. Somehow you find a great deal of respect for life, be it man, bug or plant. I don't know, I have always had a difficult time killing anything.

 

If the court follows the guidelines of the May 31, 2012 ruling regarding King and Kolanek, I do qualify for the section 8 defense.

 

My court appointed seems to be working for me, hope I'm not wrong (I didn't think I'd be charged!). He asked me if he could delay the prelim hearing for 2 more weeks so he would have more time to get information together.

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  • 3 weeks later...

one, yes you get charged for court appointed so should get a decent retained Atty. as your going to pay either way (the best advice is just stay as far away as possible from them).....

 

As for court Hearings, Build the record for appeal from day one. Your Atty. MUST OBJECT to errors or rulings the are wrong....and make darn sure your Attorney OBJECTS on the record to anything you do not like, AND IT HAS TO BE SAID TO BE ON THE RECORD not talked about between you.

 

One cannot argue an error when appealing if the Attorney (or you) do not object to it ON THE RECORD IN COURT-- your probably not going to know when a legal error is made so you need to order your Attorney to do so IN WRITING (and keep copies, send it certified mail RRR) to object -- It would be best to know when and for what to object to (so it makes it impossible for a lay person to do) but you cannot learn that in a day so you need good counsel NOW. Sell everything if you have to -- this is serious !

 

****Just get a good lawyer**** -- call everyone, ask, plead, beg,,borrow, ect....if you do not ask no one will know. You got to have competent counsel otherwise you done !

 

NEVER EVER call a Prosecutor for advise ! They have absolutely NO obligation to you.

 

Call and see lawyer who has a legal obligation to you and your interests (so sad) people actually are calling the "enemy" - LEO and Prosecutor - for legal advice !

It is the darn shame, and THE worse move anyone could EVER EVER make.

 

They (LEO and Prosecutor, or even the Judge) has absolutely NO legal obligation to tell you the TRUTH or give your proper legal advise. ONLY YOUR LAWYER can do that .....and as they (LEO and Prosecutor) are not your Lawyer they have no legal obligation to you at all for anything -- you did not pay or hire them did you?

No. so they are not obligated to protect your rights !!!

 

All you did was give them your name to go get !

 

Retain an attorney to represent YOU, go to legal aid, ask all the Attys in your town to Help -- keep calling eveyone and talk to the Atty -- not the Receptionist ---call and PERSONALLY talk to one of the Attys. advertising here (again not the receptionist), the Atty as they are the only ones who are bound by Atty/Client Priv. as then you can establish a lawyer/client relationship and have properly protected your rights -- no one else but YOUR Atty has an obligation to protect your rights period!

 

Police can legally LIE. So can a Prosecutor as they have no legally enforceable obligation to tell you anything -- they just wrote you name down and said go get um !

 

You must have a lawyer/client relationship to have them have the obligation to protect you -- doing anything else is absurd.

 

M

 

M

Edited by Murph
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I was within the limits on both plants and usable material. I have tried to follow the law as best as I can. I went to the, "Clearing the Air" seminars put on by Ken Stecker and the Michigan Prosecuting attorneys Association. I even tried to call my county prosecutor for guidance on my out door grow. I posted the results here in this forum. The problem is that I had a plant outside of my garden. I didn't put it there, I think a bird did. I didn't discover it until late in the summer and just didn't have the heart to kill it. Somehow, when you know that you have a limited amount of time on this earth, it makes it hard to kill anything at all. Somehow you find a great deal of respect for life, be it man, bug or plant. I don't know, I have always had a difficult time killing anything.

 

If the court follows the guidelines of the May 31, 2012 ruling regarding King and Kolanek, I do qualify for the section 8 defense.

 

My court appointed seems to be working for me, hope I'm not wrong (I didn't think I'd be charged!). He asked me if he could delay the prelim hearing for 2 more weeks so he would have more time to get information together.

 

Their are lots of people that feel the same they hate to kill a plant i understand that

I do feel for you and if i can help in anyway let me no

 

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Their are lots of people that feel the same they hate to kill a plant i understand that

I do feel for you and if i can help in anyway let me no

 

You good people have enough worries of your own, I will be OK. I qualify 100% for the section 8 defense and according to the law and the King ruling, my case must be dismissed. I'm going to keep on believing that until they show me no mercy and send me to trial. Thank you very much for your concern, I appreciate it.

 

I am going to list a few items on eBay to begin my legal fund tonight. If you want to work on one of your own, I will help you get started on eBay. It is very easy, I did it, so you see, you can teach an old dog a new trick!

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one, yes you get charged for court appointed so should get a decent retained Atty. as your going to pay either way (the best advice is just stay as far away as possible from them).....

 

As for court Hearings, Build the record for appeal from day one. Your Atty. MUST OBJECT to errors or rulings the are wrong....and make darn sure your Attorney OBJECTS on the record to anything you do not like, AND IT HAS TO BE SAID TO BE ON THE RECORD not talked about between you.

 

One cannot argue an error when appealing if the Attorney (or you) do not object to it ON THE RECORD IN COURT-- your probably not going to know when a legal error is made so you need to order your Attorney to do so IN WRITING (and keep copies, send it certified mail RRR) to object -- It would be best to know when and for what to object to (so it makes it impossible for a lay person to do) but you cannot learn that in a day so you need good counsel NOW. Sell everything if you have to -- this is serious !

 

****Just get a good lawyer**** -- call everyone, ask, plead, beg,,borrow, ect....if you do not ask no one will know. You got to have competent counsel otherwise you done !

 

NEVER EVER call a Prosecutor for advise ! They have absolutely NO obligation to you.

 

Call and see lawyer who has a legal obligation to you and your interests (so sad) people actually are calling the "enemy" - LEO and Prosecutor - for legal advice !

It is the darn shame, and THE worse move anyone could EVER EVER make.

 

They (LEO and Prosecutor, or even the Judge) has absolutely NO legal obligation to tell you the TRUTH or give your proper legal advise. ONLY YOUR LAWYER can do that .....and as they (LEO and Prosecutor) are not your Lawyer they have no legal obligation to you at all for anything -- you did not pay or hire them did you?

No. so they are not obligated to protect your rights !!!

 

All you did was give them your name to go get !

 

Retain an attorney to represent YOU, go to legal aid, ask all the Attys in your town to Help -- keep calling eveyone and talk to the Atty -- not the Receptionist ---call and PERSONALLY talk to one of the Attys. advertising here (again not the receptionist), the Atty as they are the only ones who are bound by Atty/Client Priv. as then you can establish a lawyer/client relationship and have properly protected your rights -- no one else but YOUR Atty has an obligation to protect your rights period!

 

Police can legally LIE. So can a Prosecutor as they have no legally enforceable obligation to tell you anything -- they just wrote you name down and said go get um !

 

You must have a lawyer/client relationship to have them have the obligation to protect you -- doing anything else is absurd.

 

M

 

M

 

your advice is sound, wish I had of talked to you before the prosecutor. Thank you Murph, I appreciate it.

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You good people have enough worries of your own, I will be OK. I qualify 100% for the section 8 defense and according to the law and the King ruling, my case must be dismissed. I'm going to keep on believing that until they show me no mercy and send me to trial. Thank you very much for your concern, I appreciate it.

 

I am going to list a few items on eBay to begin my legal fund tonight. If you want to work on one of your own, I will help you get started on eBay. It is very easy, I did it, so you see, you can teach an old dog a new trick!

You are welcome

section 8 defense and according to the law and the King ruling, my case must be dismissed

We already had the same ruling long ago from the COA over 2 years ago

But because of our Lawyer back then they wouldn't use it

 

And now that we have Great Lawyer we will win mark my words people its not if we win its when

Am glad that you feel the way you do and if we would of had more people like you standing up our case would of been done long ago

And the worst thing about our case is Torey and her cancer she realy did believe that marijuana did and was helping her

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Still prepare for appeal - REMEMBER One starts an Appeal the very day starting the trial court not months later (An Attorney must prepare as if an Appeal will happen, many do not

many do not even know how -- ask them how many cases they took on appeal, how many the won, ect....it is important as noted the appeal prep starts when the case starts !!

 

We have seen Our People "win" (Dismissal) in the Trial Court -- then the Prosecutor Appeals. They have won on Appeal (in several cases) more than a couple times because some of these Appellate Judges are being political, not following the Law and writing their personal opinions rather than being "Honorable"

 

So, Never let your guard down - Even when you walk out with a Dismissal from a Trial Court - you got to be doubly on guard then (as they might target one). Be aware of your

Surroundings. Let your Gut feeling guide you. Prepare Prepare Prepare !!

 

Practice what you do if something bad happens (as an aside, I see tons of "preppers" buying stuff to live if it hits the fan, living "rough" in the woods...but you ask them if they have camped out, and done it, used the stuff in the woods, and they say NO like your crazy.......it's amazing how many "prepared" preppers will not make itif they have to live on the fly in the woods... they have never went as it is hard, it is rough,but iif you want to make it you better not only prepare you better practice....

 

SO BACK TO THE "REGULAR" LIFE RULES:

 

1) Watch www.flexyourrights.org. And take note How to Handle LEO confrontation and protect your rights in Home and car....

 

2) Watch http://www.youtube.com/user/FlexYourRights

 

3) Get Qik.com on your mobile smart phones -- you see someone pulled over, stop if you can tape it from a safe distance it might be your Buddy....tape House Raids, make sure

you got good neighbors (but I would not go telling anyone --- loose lips sink Ships ---.but having a good neighbor that calls YOU is priceless.

 

4) http://www.rawstory.com/rs/2011/11/05/flex-your-rights-the-top-3-things-to-do-in-every-police-encounter/ --- NEVER CONSENT TO SEARCHES (EVEN IF CLEAN AS A WHISTLE).

 

5) Get Pre-Paid LEGAL ......Even though it is a drain on anyone's monthly bills, I still have, suggest, and Sell Pre Paid Legal (LegalShield) and have for a decade.

as It is well worth $17 a month for the included (wills) things and to have someone to call who knows what to do.... although marijuana charges are NOT covered under the base plan coverage, the hourly Discount, and other benefits can be used for criminal cases (I wish they had another specialist MM Firm here in Mich., but the Firm the do have are no slouches (and will protect you) -- you have someone to call to Help no matter what the time -- http://www.legalshield.com/corp/

 

6) IBONDSMAN --- I also tell people you should KNOW PERSONALLY a local BONDSMAN who is cool, do not say why -- but See them, ask what arrangements they want to

do a $50 k Bond and what Bail Bond rep.wants and needs to Bail you out of Jail BEFORE you ever need it. Do it, it costs nothing....Generally your House is needed for backing and somoene needs to also sign for ya.....

 

Maybe your buddy needs Bonding and you throw them the Business..... if you get that call YOUR freedom is THE most important thing. Have them on speed-dial

(better yet have Neighbor call if they ever see you go so the Bondsman can be sitting there waiting for you in Booking)....

Even if you never use them, when you need them --- you need them NOW !

 

So do some prep. and you have all the bases covered in case the worse ever happens !! It is well worth the time and small costs to do this.

 

Then practice it. Check and download video, take it to buddy computer and copy it upload it to you tube -- do everything you would do if wrongly arrested !!!

 

M

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Still prepare for appeal - REMEMBER One starts an Appeal the very day starting the trial court not months later (An Attorney must prepare as if an Appeal will happen, many do not

many do not even know how -- ask them how many cases they took on appeal, how many the won, ect....it is important as noted the appeal prep starts when the case starts !!

 

 

Please keep in mind that there are attorneys that handle ONLY appeals. Expecting that your trial attorney will do the appeal for you is like going to your GP for a heart problem. They can probably help you out but you're better off seeing a cardiologist. I would not suggest to anyone to have their trial attorney handle an appeal. Well, maybe an appeal from district to circuit but if you're going to the COA or S Ct my suggestion would be to go to an appeals specialist. Attorneys who do only appeals for a living are more experienced at spotting appealable issues and can be more efficient in appeals oral advocacy as well as brief writing. Think Alan Dershowitz. There have been a couple mm cases that went to the COA where there were some serious lapses in judgment regarding strategy from what I have seen.

 

Nice synopsis though murph. Clearly you have put some time into your thoughts. That is an asset to this site.

Edited by CaveatLector
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