Seeking Advice.

[FactorX]

This certainly was not a transport case.

 

The prosecution had reviewed the template and said she didnt know if she could prosecute.

 

Public defender agreed the template was substantial enough to consider.

 

Thanks all for your support.

[FactorX]

Went to court; hearing adjourned again.

 

Motion hearing scheduled early february so that I may assert my section 8 defense.

 

However, the prosecutor in this case went on to inform me that I cannot in fact assert said defense due to the fact that at the time of arrest I had not yet mailed my paperwork, though possessed the valid recommendation.

[t-pain]

a rec means you are a patient. all you need for sec8 is a rec. (and prove medical use...)

 

now you just need a lawyer to explain this to the prosecutor.

 

this is why we all dread hearing oakland county when people mention where they were charged in.

oakland county is just wasting money trying to get you to plea deal, dont take the plea. call up all your local reporters and make a stink. file complaints with the bar association. get these jokers disbarred for not knowing the law.

 

since you have to talk to these jokers, start asking questions like how many medical marijuana patients they have prosecuted. i bet they will choke when you ask them.

Edited January 9, 2014 by t-pain

[FactorX]

Thank you.

 

They tried to get me to partake in the 7411 I believe it's called.

 

Of course I didn't take it.

 

However, I have no funds available for legal representation so at this time I must proceed pro se.

[FactorX]

Thank you for your reply.

 

Unfortunately, Ive called many times over the course of the past 3 months to no avail.

 

I am uncertain if I will ever get ahold og him.

[FactorX]

Kelly R. Kostin, Judge, Clarkston , 52 District Court.

[t-pain]

whats your doctor/clinic name ? maybe we can track them down?

[FactorX]

Dr. Apereco, First Natural Wellness.

 

Thanks T-pain.

[t-pain]

your clinic links to Cannabis Counsel – Thomas M.J. Lavigne, Attorney At Law , you might want to contact him and see if he can get you in contact with your doctor. hey it cant hurt. http://www.cannabiscounsel.com/attorneys/thomas-l-lavigne-attorney-at-law/

 

now to see if i can find any mention of that doctor. hmm. seems like an easy name to typo.

[FactorX]

Pastor A Aperocho

[t-pain]

http://firstnaturalwellness.com/?page_id=416

this page has good contact info for the people who run the clinic.

i definitely recommend calling the cannabis counsel. they will know where to find said doctor. or if not they are capable lawyers at least.

 

does your doctor still work at the hillsdale care center?

http://www.angieslist.com/companylist/us/mi/hillsdale/pastor-aperocho-md-reviews-6971654.htm

http://www.hchc.com/

maybe try giving them a call. might be outdated.

Edited January 9, 2014 by t-pain

[FactorX]

Thanks T-pain; definitely going to be calling tomorrow.

[GregS]

Went to court; hearing adjourned again.

 

Motion hearing scheduled early february so that I may assert my section 8 defense.

 

However, the prosecutor in this case went on to inform me that I cannot in fact assert said defense due to the fact that at the time of arrest I had not yet mailed my paperwork, though possessed the valid recommendation.

The prosecutor is wrong. That is not to say your case will not be jerked around.

[FactorX]

Thank you for your reply.

[jimmyjjohn]

ditto gregs

your sole hope is section 8

on this board in other threads you can find the 3 elements of a section 8 defense

[FactorX]

Hi all.

 

My section 8 motion hearing will commence on Tuesday, Feb. 4th.

 

I will certainly post the results.

 

Thank you.

[t-pain]

make sure your testimony is secure, the court of appeals just released a new opinion (people vs tuttle) with some more section8 requirements.

 

so you'll have to explain why your 1oz was needed, if you were using it for medical purposes, why you needed 'that much' etc.

i would recommend written testimony, dont get up on the witness stand because you could be cross-examined and thats usually bad.

 

if the judge denies your motion, you have to file an interlocutory appeal. (it means you appeal his decision to deny the motion.  the COA will affirm the denial, so you have to appeal to the michigan supreme court after that!)

 

i'm not trying to scare you, just making sure you are prepared.

Edited February 3, 2014 by t-pain

[pic book]

The filing fee for a supreme court appeal is $375.  Not much but on top of your other costs, another cost.  if you rep yourself you can file a fee waiver request with your appeal. if you're repped by a court-appointed, it's loaned to you and you owe it back to the county, as far as i understand.

[FactorX]

Thank you both for your reply.

 

So, T-Pain, are these new official requirements for section 8 AD?

[t-pain]

well , more moo poo from the court of appeals. which will be reversed whenever those cases hit the supreme court.

 

so its case law now, will judges follow every stupid CoA idea for sec8 AD ? i dont know.

is it worth your time to write a few more sentences to make sure you've jumped all of the hoops? yes.

[t-pain]

if the prosecutor objects to your motion because you do not have your doctor present, object to her complaint, say you are innocent until PROVEN guilty, if she has EVIDENCE your doctor was not a bona-fied dr-pt relationship she has to present that.

 

try to object to all of her complaints this way.

 

and if the prosecutor tries to dismiss the charges, ask the judge to dismiss them with prejudice so the prosecutor cant bring charges up again.

Edited February 3, 2014 by t-pain

[FactorX]

Thank you Tpain.

 

Great advice.

 

I spoke with the prosecutor and she relayed she would challenge the doctor relationship by deeming the rec hersey.

 

I found that there is an exception to the hersey rule however.

[t-pain]

your dr rec, it has the doctors michigan license number on it, right ?  is it the same rec you used to get your card?

did you get your card yet?

 

if you didnt get your card, call LARA and ask them about your card status. they will ship you a card quickly...

[FactorX]

I did receive my card this past October.

[ozzrokk]

Funny how they can say the rec is hearsay yet it is enough for LARA to issue a CARD........ Yea that sounds about right.......... They dont even want to honor the card neither

Edited February 4, 2014 by ozzrokk