How Does This Work...?

[MiMedical]

For example, if I get a plea offer for possession, but the original charge is for Manufacturing w/ intent, which is a felony for circuit court and I argue Sec 8 or file a motion for dismissal, should that be done, or can it be done in district court?

[t-pain]

once you plead guilty for posession, there is no defense against it, since you are saying you are guilty of the crime which you are charged with. pleading guilty means you dont get a trial.

 

something like that.

 

the section8 must be done in a pre-trial motion.

 

i dont know whats better circuit or district court. one is better than the other. i forgot which.

Edited December 1, 2013 by t-pain

[MiMedical]

Thanks for the response Pain-

 

I was under the impression that if I refuse the plea bargain (misdomenor) (district court) it will go back to the original charge of Manu/intent (felony). (Circuit Court) Another wise individual on this site had told me that I should have kept it in the DC but I figured the PA would have bound it over to CC anyway. Anyone else familiar with this lingo?

[pic book]

some attys are, and u need a good cannabis specialist atty right now and my saying that is my sole legal advice to you...

Edited December 2, 2013 by pic book

[Celliach]

Did you have a doctor's recommendation at the time you were arrested?  If not, you won't be able to use a Section 8 defense.

[GregS]

It is more widely regarded that Circuit Court is the better option. District Court judges do not have the degree of involvement that higher court judges do, and they know that if they get it wrong there is nothing to be done other than that you plead to a lower offense or appeal to the Circuit Court.

[MiMedical]

It is more widely regarded that Circuit Court is the better option. District Court judges do not have the degree of involvement that higher court judges do, and they know that if they get it wrong there is nothing to be done other than that you plead to a lower offense or appeal to the Circuit Court.

That's what I have been told by our lawyer and others aswell, thank you.

[phaquetoo]

once you plead guilty for posession, there is no defense against it, since you are saying you are guilty of the crime which you are charged with. pleading guilty means you dont get a trial.

 

something like that.

 

the section8 must be done in a pre-trial motion.

 

i dont know whats better circuit or district court. one is better than the other. i forgot which.

district court is generaly for midemeaners, while circuit court is for fellonys.

 

Peace,,,,,,,oh and stay in district court, dont wave your prelim, personaly I wouldnt cop a plea either, I guess I would need to know if you have ever gotten a possesion before, a second simple possesion is a felony!

[MiMedical]

district court is generaly for midemeaners, while circuit court is for fellonys.

 

Peace,,,,,,,oh and stay in district court, dont wave your prelim, personaly I wouldnt cop a plea either, I guess I would need to know if you have ever gotten a possesion before, a second simple possesion is a felony!

Yes I have a few things that will stack up and multiply, but when your innocent, your innocent. This will go from a misd. Possession to habitual 3rd,maintaining a drug house Manu/int etc, ill keep you all posted, I'm confident.... Sometimes, I think.