Confused And Needing Help

[MiMedical]

Go gettum!

[mibrains]

I do have a clean record and I hope to keep it that way...

 

I appreciate everyones help and support. There is not a lot of knowlegable guidance out there to navigate through this legal system; but knowledge is power and I am unwilling to let my fear decide my fate.

 

Court is 8:30 am tomorrow morning... I'll let you know what happens.

 

<3 Yeller Dawg loves ya'all <3

i will be thinking about you and sending positive vibes your way this morning.. good luck and let us know how it goes for you..

[t-pain]

the kent county prosecutor there didnt want the local ballot initiative to decrim 1 oz , he got it stuck up in the courts for a few months there. too bad he lost.

 

 

http://www.mlive.com/news/grand-rapids/index.ssf/2013/01/decriminalizegr_hopeful_after.html

http://www.huffingtonpost.com/2013/05/01/grand-rapids-marijuana-decriminalization-implemented_n_3194442.html

http://fox17online.com/2013/04/08/decrminalize-gr-lashes-out-at-city-attorney-for-flip-flopping-position-on-pot/

 

good luck on your case today. i hope the judge is compassionate.

Edited January 21, 2014 by t-pain

[aldarlene]

Court did NOT go our way today. This is Yeller Dawgs' girlfriend... he tested positive for thc and was placed in jail without bond until the trial February 3rd.

 

The judge said the marijuana laws are difficult to adhere to. Even for honest people who are trying to comply.

 

That didn't stop him from jailing him. Either did the fact that his court appointed attorney didn't file a chapter 8 defense... or a motion that would allow his continued use of medical marijuana while out on bond.

 

I am completely dumbfounded. I thought courts were for protection... Not persecution.

 

Where can I go from here? Is there a way to get him released before the trial?

 

-Sad & Disillusioned With The System

 

Darlene

[MiMedical]

I'm very sorry to hear that, what a crock of shlt!

Someone will shine some light, he needs a pro medical marijuana lawyer ASAP.

If I was you, I would call that public pretender and start asking questions, why did they not file a Section 8 for starters..... this just sickens me..

[trichcycler]

sad to hear. I'd call some specialists.

[aldarlene]

I did call the lawyers office... he is in trial court today and unable to take my call. But I did get to leave a voicemail.

 

I called and talked to an attorney that specializes in medical marijuana... he would be happy to help... for a $6000 retainer...

We just don't have it

[Restorium2]

You are helping thousands of people understand the real world consequences of being a few clones over.

 

At least you can feel like you helped people with your honesty.

 

The judge sounds like the type to give a lenient sentence, like probation.

[t-pain]

I am completely dumbfounded. I thought courts were for protection... Not persecution.

 

Where can I go from here? Is there a way to get him released before the trial?

 

 

courts are there to screw the people. they are designed to put as many people in jail as possible.

 

you can get him out only if the judge agreed to bail or bond. but since he violated his bond by smoking again (or was it just still in his system?) probably he wont be able to get out, and if you had the $5k cash to get him out by posting bond, you would better spend it on a lawyer anyhow.

 

hes not going to get hurt in jail usually, so hes good to sit there. unless you know that he has some medical condition that jail wont provide for him, theres not much you're going to be able to do to get him out. if he does have a medical condition you have to file some kind of injuction and i have no clue how to do that. have to find a lawyer...

 

if you see him, tell him not to talk about his case while in jail. sometimes cops or informants go undercover, or even wiretap the cells while in jail just so they can enter any audio into evidence.

 

we tried to explain to him that he needed to file that section 8 motion, or get a lawyer to do it. did that happen?

if the judge denied the section 8 motion to dismiss, he has to file an inter-whatever-appeal  to the CoA. everyone gets their section 8 defense...

 

what lawyer did you call? can you call some other lawyers? there is a whole list of them on that norml link for michigan lawyers.

 

i'm trying to say this as nicely as possible. the judge will not just let your husband go free when he has 3 felonies charged against him. also if he fails to bring up the section 8 motion to dismiss, the prosecutor and judge will ban his lawyer from saying the words 'medical marijuana'. then, the jury, not knowing the case, will think hes just a drug dealer and not a medical marijuana patient. the judge can even sentence people to contempt of court for mentioning medical marijuana at that point. this is serious.

 

you need to get that section 8 motion to dismiss filed. if the lawyer tells you it wouldnt be a good idea, do it anyways. if the judge says he wont look at the motion, STILL FILE THE sec8 MOTION. it can be ignored later, but it must be filed. then you can appeal that the judge ignored the sec8.

 

i wish i could help more. i'm not 100% sure of all the court rules either. but let me say this, if the choice is getting contempt of court or getting convicted of 3 felonies, i would be telling that jury EVERY DAY that i was a medical marijuana patient and showing them my card. otherwise the jury will just vote guilty. juries dont care , they are setup to vote guilty as well. the judge gives them instructions to vote guilty too. its all a big setup. -- i could be wrong. that could tinkle the judge off and he could give him the full sentence. i dont know. i'm just guessing really. good luck.

 

get a lawyer. its important for his freedom. call the ACLU maybe they will take the case.

Edited January 21, 2014 by t-pain

[MiMedical]

if the choice is getting contempt of court or getting convicted of 3 felonies, i would be telling that jury EVERY DAY that i was a medical marijuana patient and showing them my card. otherwise the jury will just vote guilty. juries dont care , they are setup to vote guilty as well. the judge gives them instructions to vote guilty too. its all a big setup.

[t-pain]

and if you think i'm just making this up to scare you, go sit in some court cases. most cases are public and you can sit in and watch them. you'll soon see what court is really like.

[MiMedical]

It is donkey backwards, one plant to many can get you shafted on a mmj defense, hell, just because the MMA says you can grow twelve, but you show you only need eight, you get shafted. Get a pen and paper, get ahold of his Dr., maybe he will talk to you, get his mmj cert and start doing some numbers! "We" want to see that he needs X amount of cured meds, and he needs X amount of plants for his Condition, time to play the way the courts are going to play, cut them off before they even try it. We arnt trying to sound mean. It's the truth, and since you are out and have access to this site? You can build a defense. Assuming he can still get a sec8.

[t-pain]

everyone gets a sec8 , as long as they file that motion.

 

the coa can deny it but the supreme court says everyone gets it.

[trichcycler]

How many "sexing seedlings' did you have planted?  with no usable material on hand, where did they come up with "more than 2.5 ounces" in your home?

No judgment here, just trying to learn from your ordeal.

peace

They are counting the seedlings I was sexing naturally as plants... even though they had no usable material and my facility was clearly set up to grow only the allowed 12 plants per pt... large pots where the females could grow to maturity. There was already a pile of males that had been pulled as soon as the sex was determined.
How do you possess only 2.5 oz when you harvest 12 plants that are supposed to last you for a year? It's ludicrous.

[aldarlene]

@grassmatch: I will go through the papers and get back with you. I am unsure how many he was over.

 

I grew up trusting the government... and doing the 'right' thing... paying my taxes and serving my country in the ARMY... Blindly following without questioning ANYTHING....

 

I (like many others that I know) didn't see how this particular subject world affect me. I don't use it, medically or casually. But if someone wants to and it helps... All they have to do is stay within the scope of the law, right?

 

(((SIGH))) If nothing else I am getting an education on our justice (rather, our unjust) system.

 

If everyone stays complacent nothing will ever change.

 

Thank you, everyone, for sharing your knowledge with me. I am filing the section 8 defense... he hasn't been to trial yet so it is not too late.

 

I have a whole list of lawyers to call today... including the one who was supposed to defend him... and if he doesn't get back to me I will have to go sit in his office until he does.

 

I have contacted his doctors office and am working from that angle, too.

 

Again, thank you. I wouldn't know a tenth of the things I know if I was counting on the judicial system to guide me.

-Darlene

Edited January 22, 2014 by aldarlene

[ozzrokk]

So sorry to hear of the troubles........ Most courts are NOT there to help you and are not there to REALLY get to the truth......... Unfortunately that is how it is........ If you cannot afford another attorney then make sure you stay on your court appointed attorney and MAKE him represent you the way you want to be represented. That is some bullchit for a judge to sit and say that it is hard even for people who are trying to stay legal and then still throw him in jail.............. Bullchit.......... Prayers and good vibes coming your way.......... Good luck......... and make sure that section 8 gets filed.......

[phaquetoo]

 

They are counting the seedlings I was sexing naturally as plants... even though they had no usable material and my facility was clearly set up to grow only the allowed 12 plants per pt... large pots where the females could grow to maturity. There was already a pile of males that had been pulled as soon as the sex was determined.

How do you possess only 2.5 oz when you harvest 12 plants that are supposed to last you for a year? It's ludicrous.

 Why may I ask does your 12 plants have to last you a yr, are you growing out doors? I grow 12 plants, I have 3 in budd, 4 in veg and for a lil whil I have 5 in clone, that is 12 plants, you only need to crop one plant at a time if you dont have 5 pts, and even than I can get 5 or 6 or more from one plant, I try to crop at least every 3 to 4 wks and move my veg and clones up as needed!

 

You realy need to get a virtualy going, you wont have any problems, when I do seeds I try and do them in between my grows, I like to stop my budd tent and clean it to the max, than I move stuff into there and clean my veg tent to the max, I alternate my light time as needed and I never wind up with to many plants, not even when I try to grow from seed, if I want 3 in bud and 3 in veg, that leaves me 6 seeds to plant and hopefully get 1 or 2 females and on I go!

 

Try to do dif things but most of all stay within your limits!

 

Peace

[aldarlene]

He does grow his plants out side.

 

I have been busy with phone calls and getting everything set up while he is incarcerated. I will come back and answer all of the questions asap.

 

Again.... thank you for all the information and support. It is very much appreciated.

 

-Darlene

[aldarlene]

I just got off the phone with his public defender who said that SECTION 8 doesn't apply in this case because he was over the number of allowed plants. He said there was 'case law' to back that up and he wasn't allowed to file motions he knew did not apply.

 

WTF?

[ozzrokk]

I just got off the phone with his public defender who said that SECTION 8 doesn't apply in this case because he was over the number of allowed plants. He said there was 'case law' to back that up and he wasn't allowed to file motions he knew did not apply.

 

WTF?

 

 

That lawyer does not know what the hell he is talking about or is doing this on purpose.......... The limitations in section 4 are not applicable in a section 8. In fact that would be reason for section 8 if you are over your limit in section 4. You are dealing with an uninformed attorney or one that is against you himself.

[Restorium2]

Right. There are bad lawyers out there. You found one.

[ozzrokk]

You can let the attorney know that he is correct there is case law out there on this......... And it says the exact OPPOSITE of what he is saying. Directly from the SUPREME COURT

Edited January 23, 2014 by ozzrokk

[Restorium2]

http://www.schmidlaw.com/SchmidLaw/CALL_SCHMID_LAW_FIRM_%40_%28989%29_799-4641_FAX_%28989%29_799-6850.html

[aldarlene]

I told him that the supreme court says anyone with a medical marijuana card is eligible... and didn't THAT constitute case law? He said he works check into it... but he "thought I was reading it wrong"

Edited January 23, 2014 by aldarlene

[ozzrokk]

The ruling also says that plant count limits in section 4 do not apply to a section 8...... It also states that IN THE WRITTEN LAW ITSELF..........

 

 

Edited to add that you need a DIFFERENT lawyer

Edited January 23, 2014 by ozzrokk