Illegal Transport

[bobandtorey]

N that's gonna do what for me?

you won't know if you don't make to call i would call them for sure it can't  hurt

[t-pain]

yeah wisco, if the attorney general decides the illegal transport doesnt hold up, thats basically your whole case.

 

its in your best interests to call him and ask him to make an opinion about it.

 

otherwise just sit there and do nothing. post here on the forums, that will fix things for you...

[bobandtorey]

If I could hire a legit lawyer I would but I'm strapped for cash now... Can barely make ends meet.. too bad I couldn't get a lawyer to go pro bono

Also a court Lawyer is not FREE you will be paying for what he/she does not do for you 

[wisco420]

Apparently the mmma n the law go hand in hand so says the attorney generals office..also said it would be hard for a nonusable defense considering it'll be dry by then

[wisco420]

Also he said no opinion or legal advice could be given

[phaquetoo]

Sorry thats the first mistake some people still think 

The first thing you do is say Yes i am guilty of having Medical marihuana but i had it because i have a card the PA does not have to prove you had it like it was before 2008 

 

 

fire him and get a new lawyer well if it is a court Lawyer you will need a better reason to fire him/her then just to say he is not doing his or her job it's up to the judge

 

this is not legal advice  i am no lawyer but sometimes i do play one on here

your court apptd attny has to do what you say, if he dont , he doesnt have your best interest at heart, trust me ive taken court appt atnnys for the ride a few times and got rid of them when it was getting close to go time, any one can fire their attny,, especialy a court appted one, they will not apoint you another one, you will than have to hire your own attny, I cant beleive you allowed your attny to go in the pre lim w/o you!!!!  That is the stupidest thing I ever heard, this is not legal advise, this is 1st hand advise from some one that has been there and done that!

 

also its kinda funny how most people get popped with their mm for doing something else, what is the whole story, why did leo take an interest in you and your friends any how, and why would you carry legal mm into a bar? mm is not legal to use in your car or on public or private property, if they went in and asked the bar owner if he lets his patrons have weed in the bar what do you think he would say?

 

stupid is as stupid does!

 

Dont worry I wont ask for your help when I do something stupid!

 

Peace

[wisco420]

We got pulled over after leaving the bar.. I handed him my card with my id since I had marijuana in my pocket.. next he told me to stay put while he went in.. I didn't know they did the making whoopee pre lim without me! Not stupid man... Just blind to New laws and regulations

[bobandtorey]

your court apptd attny has to do what you say, if he dont , he doesnt have your best interest at heart, trust me ive taken court appt atnnys for the ride a few times and got rid of them when it was getting close to go time, any one can fire their attny,, especialy a court appted one, they will not apoint you another one, you will than have to hire your own attny, I cant beleive you allowed your attny to go in the pre lim w/o you!!!!  That is the stupidest thing I ever heard, this is not legal advise, this is 1st hand advise from some one that has been there and done that!

 

also its kinda funny how most people get popped with their mm for doing something else, what is the whole story, why did leo take an interest in you and your friends any how, and why would you carry legal mm into a bar? mm is not legal to use in your car or on public or private property, if they went in and asked the bar owner if he lets his patrons have weed in the bar what do you think he would say?

 

stupid is as stupid does!

 

Dont worry I wont ask for your help when I do something stupid!

 

Peace

The part about you being able to fire the court Lawyer is true you can fire him but as you said Jim you won't get another court Lawyer but can pay for a new one sorry about that one you are right

[phaquetoo]

We got pulled over after leaving the bar.. I handed him my card with my id since I had marijuana in my pocket.. next he told me to stay put while he went in.. I didn't know they did the making whoopee pre lim without me! Not stupid man... Just blind to New laws and regulations

ok sorry about being rough on you!

 

I had a court apptd attny who would not return my calls for 2 months, we finaly meet 2 minutes before prelim, I ask him what is this about, he says oh we are just gonna go in and waive our right to a prelim and just move it across the street to circuit court, I say than what we make our deals over there?  he says no you get a fellony and blah blah blah,,,needless to say I told him we are not waving nothing, im not leaving district court and going to circuit court voluntarily, trust me I gave the guy hell, he told me I had to say this and that in the court room to the judge, I didnt do anything the idiot said to do, infact just the opposite and I asked to fire him like now, i even asked if they would give me another court appted and was told no, if I fire this one I have to hire my own,

 

dont sell your self short, get some advise from an attny, in fact get one to side bar for you, he will keep his eye on your idiot attny and let you know what to do!

 

Best of luck!

 

Peace

[phaquetoo]

oh and never volunteer your card, never, dont even have it where they can see it when you take your i.d out, only time id produce my card is after I was caught with my mm!  dont tell them nothing, be nice hand them your i.d and let it be, if they search all of you, well than your gonna have to produce your card!

 

Peace

[GregS]

Does not the transportation law contradict the MMA? Does the MMA not say it is void and unenforceable where patients and their caregivers are involved? Are we are not to be fined or penalized in any manner?

 

Then too, if the stuff is stored in evidence without steps to preserve it in the state it was in at the time it was confiscated, and in a way that is sure to allow it to continue to dry, who is to say otherwise? It might be possible to get testimony from LEO that demonstrates whether or not that happened.

 

OTOH, it is a misdemeanor that you can walk away from with a couple of hundred bucks and a public defender. I know, I know. The math sucks

Edited September 19, 2013 by GregS

[t-pain]

Apparently the mmma n the law go hand in hand so says the attorney generals office..also said it would be hard for a nonusable defense considering it'll be dry by then

 

so they just said they cant give an opinion or legal advice on MMMA vs hb4856?

 

hmm. i'm sorry.

1. What authority does the Attorney General have to issue an opinion?

 

MCL 14.32 is clear that the Legislature has authorized that it is “the duty of the attorney general, when required, to give his opinion upon all questions of law submitted to him by the Legislature, or by either branch thereof, or by the governor, auditor general, treasurer or any other state officer. . . .”

apparently you have to ask a legislator or represenative or state officer to ask the attorney general to answer these making whoopee questions.

 

so, new task for you wisco420, ask your represenative to ask the attorney general to issue an opinion.

 

 

btw was your bud still attached to the stems? because the mmma says the stems cant be weighed...

and the police cant modify the evidence to remove the stems...

Edited September 19, 2013 by t-pain

[phaquetoo]

so they just said they cant give an opinion or legal advice on MMMA vs hb4856?

 

hmm. i'm sorry.

apparently you have to ask a legislator or represenative or state officer to ask the attorney general to answer these making whoopee questions.

 

so, new task for you wisco420, ask your represenative to ask the attorney general to issue an opinion.

 

 

btw was your bud still attached to the stems? because the mmma says the stems cant be weighed...

and the police cant modify the evidence to remove the stems...

lol I know this is not funny, but the cops cant do what?  I believe the coa said we cant modify mm!

 

If the op had no other charges, like no scales,baggies/jars,  if he dont get it dropped it should only be simple possesion, I realy dont see how they can even do that, It should have been dropped (if the whole story is being told) before prelim,, I got mine all dropped by the prosecutor before I ever seen court for the other bunny muffin they were charging me with, (disturbing the peace, drunk in public,ect) the mm should never see the light of day in the court room with that amount wet or dry and a legal pt or and a c.g card!

 

Peace

[Chauncy Gardner]

Bottom line here is this:   Keep playing along with the game that a jury trial is to be scheduled and insist on going the full route. After all, you are an American and you feel it only proper that a jury of your peers decides your fate. They will eventually give up if you keep turning down plea deals.

 

They DO NOT want to go to trial. It would be too much hassle in a case as simple and innocent as this. Just keep telling them that you can't wait for your day in court. That you are very much looking forward to it and could they please do what they can to speed it up?

[+Malamute]

My only advice I ever give:

 

1) make sure you have a competent attorney.

 

2) do what is best for you and your family.

[Celliach]

After researching the matter further and talking to people that understand this issue better than I.  Yes, you might be able to beat it in court, It's not certain whether you can win, because of the issue that I raised earlier.  Because the law didn't prohibit or severely limit transportation it may hold up in court.  One thing I can say positively is that you will never beat it with a public defender or cheap lawyer.   I'd take Malamute's advice above.

[wisco420]

Thanks all for the advice.. tmrw I'm gna call my attorney and try to get everything figured out

[Celliach]

Remember to do what's best for you and your family.  It doesn't matter what anyone else thinks.

[bobandtorey]

 Thats the best advice i ever  heard  but will add pleading guilty when you are not is something you will  have to live with the rest of your life 

[BirdHunter]

Thats the best advice i ever heard but will add pleading guilty when you are not is something you will have to live with the rest of your life

John Proctor

[free420country]

I have a friend going threw this in cheb county..charged with illeagle transport and possesion for having 3\4 in a box stuffed under the front seat. He was pulled over coming off the mac bridge for haveing a air freshener hanging on the mirror. The cop saw his card as he was getting his dl out and it escalated from there.the cop made him get it out( he had to get out of the car and go in threw the back door to get to it.the cop took the bag and wrote him a ticket..funny thing isvthey took the bag but left the box and grinder and the loose meds he had in there around 8 grams....you would thinkhey would havs to take it all. He had his first court date and was givin a pr bond and told he could still use his meds next court dat is in oct.

[Kingdiamond]

I have my cards concealed behind a Kroger's card in my wallet behind a leather flap and in no way will I admit having a card until deemed necessary.

 

I know if they ask and I say no I can be arrested for lying to a officer but I also feel they have no right to begin the traffic stop by asking if I have a card that's fishing for something and there has to be something a good lawyer can do to that in court unless you have suspicions that I'm carrying medical marijuana I feel you have no right using that as a form letter type of questioning to interrogate on the side of the road on a simple traffic stop .

 

(Not saying anyone else should operate this way of course I just don't feel they have the right by asking this question with no proof that there is medical marijuana in my car  )

[Celliach]

I keep my MMJ card and my Medicare card in a separate place from everything else in my wallet.  You can't see either when I get my DL.

[phaquetoo]

I keep my MMJ card and my Medicare card in a separate place from everything else in my wallet.  You can't see either when I get my DL.

when you go some where in your car whether you have mm or not just put your d.l and your ins and registration together on your visor so you dont even have to open your wallet, dont ever let them see your c.g or pt card untill it is absolutly nesicarry, shoot I didnt show it one time till I got a meeting with the prosecutor!  I had my reasons for that, but volunteering your card before any mj is involved is a big no no!

 

Peace

[imiubu]

I have my cards concealed behind a Kroger's card in my wallet behind a leather flap and in no way will I admit having a card until deemed necessary.

 

I know if they ask and I say no I can be arrested for lying to a officer but I also feel they have no right to begin the traffic stop by asking if I have a card that's fishing for something and there has to be something a good lawyer can do to that in court unless you have suspicions that I'm carrying medical marijuana I feel you have no right using that as a form letter type of questioning to interrogate on the side of the road on a simple traffic stop .

 

(Not saying anyone else should operate this way of course I just don't feel they have the right by asking this question with no proof that there is medical marijuana in my car  )

 

 

I keep my MMJ card and my Medicare card in a separate place from everything else in my wallet.  You can't see either when I get my DL.

 

 

when you go some where in your car whether you have mm or not just put your d.l and your ins and registration together on your visor so you dont even have to open your wallet, dont ever let them see your c.g or pt card untill it is absolutly nesicarry, shoot I didnt show it one time till I got a meeting with the prosecutor!  I had my reasons for that, but volunteering your card before any mj is involved is a big no no!

 

Peace

 

Yep

Edited September 22, 2013 by imiubu