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Is Vehicular Manslaughter (Non-Violent Accident) Going To Make Me Ineligible To Be A Caregiver?


gurbz
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I see "Manslaughter" is listed as one of the charges on the attestation form, I have not been convicted of a drug related felony or any other felonies in the past 10 years but did get into a CAR ACCIDENT where speed was a factor and was charged with Manslaughter M/V which I'm hoping is considered different than just "Manslaughter" because it was my understanding that I could not have 1) a drug felony 2) a felony in the past 10 years and 3) a VIOLENT felony, just because someone died doesn't make anything about it "violent" so if someone can please clear this up I would love to know.

I have two prospective patience who would like me to be their caregivers, right now I am only my own caregiver/patient and have been for a few years now.

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the mmma says this:

 

(h) "Primary caregiver" or "caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

 

hurg, chapter X of the code of criminal procedure says this:

 

(3) As used in this section, “assaultive crime” means an offense against a person described in section 81c(3), 82, 83, 84, 86, 87, 88, 89, 90a, 90b(a) or (b), 91, 200 to 212a, 316, 317, 321, 349, 349a, 350, 397, 411h(2)(b) or (3), 411i, 520b, 520c, 520d, 520e, 520g, 529, 529a, 530, or 543a to 543z of the Michigan penal code, 1931 PA 328, MCL 750.81c, 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.90a, 750.90b, 750.91, 750.200 to 750.212a, 750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.411h, 750.411i, 750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, and 750.543a to 750.543z.

where in the MCL is manslaughter motor vehicle?

manslaughter is 750.321

 

LARA's FAQ says this

A person cannot be designated as a caregiver if they have been convicted of any felony within the past 10

years, have been convicted of a felony involving illegal drugs, or have a felony that is an assaultive crime as

defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a

Threats/assault against employee of Family Independence Agency

Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation

Leading, taking, carrying away, decoying, or enticing away child under 14

Kidnapping/Prisoner taking person as hostage

Assault with intent to rob and steal; armed or unarmed

Larceny of money or other property

Stalking or aggravated stalking

Assault with intent to commit felony not otherwise punished

Terrorism; Violation of the Michigan Anti-Terrorism Act

Use or possession of dangerous weapon

Felonious Assault

Assault with intent to maim

Attempted murder, 1st degree murder, or 2nd degree murder

Assault with intent to commit murder

Assault with intent to commit CSC, or CSC 1st, 2nd, 3rd, or 4th degree

Felonious Use of Explosives

Manslaughter

Mayhem

Carjacking

Conduct proscribed under MCL750.81 to 750.89 as felony; intent to commit conduct against a pregnant individual in order to cause or which leads to a miscarriage or stillbirth, or ot her harm to the embryo orfetus

 

i dont think theres a seperation of manslaughter and manslaughter motor vehicle.

 

you were CHARGED with manslaughter or CONVICTED of manslaughter? now thats a difference...

 

you can look up your background history on ichat for $10? ( http://apps.michigan.gov/ICHAT/Home.aspx) , if manslaughter shows up, you are uneligable as far as i know. but feel free to CALL LARA AND ASK THEM

LARA Telephone Number: 517-284-6400

Edited by t-pain
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It is not just about the growing it is about serving as a cg for others. 

That is absurd and completely irrelevant though, wasn't even worth typing... Being in a tragic car accident has absolutely no relevance whatsoever to someone being able to perform caregiver duties, there are plenty of downright terrible growers out there who have 5 patients, those are the ones who should be ineligible.

 

I do realize I probably have no chance though, but for no good reason... Anyone can get in a car accident, unfortunately mine involved excessive speed but no malice or drugs/alcohol.  I thought it seemed more appropriate for this to apply to violent crimes, losing control of a car is not "violent" or intentional at all I guess I just got screwed by a technicality.

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you could send in an application and see what happens?

denial or acceptance right?

 

on your original app did you tell lara about the manslaughter conviction?

Yeah, I suppose it's worth a try... I just don't want my two prospective patients to be dissapointed when it doesn't work out after going in and filling out all the paper work, maybe it will just default back to them being able to possess the plants in that event, neither of them has an interest in growing though and they only want me so I guess this is just a bummer situation.

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I just called LARA and the lady I talked to thinks I should submit the application and see what happens, I wish they could have given me some kind of concrete response but she said they will look at it on an individual basis and look at the circumstances in some cases to make a determination, I kind of doubt that but I suppose it won't hurt to try and setup for disappointment.

Edited by gurbz
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you got screwed by the legislature. the manslaughter felony forever part was not in the original act.

I know right

 

Thats the problem with Legalization,  Inevitably  you get the chosen few using leo to enforce their definition of legal.

 

Leo got better things to do.....Decriminalize

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i'm wondering if you should write a note to clarify that it was a car accident and not something else.

 

i agree with you, i dont think they look at details at all. we've had someone on here who was convicted on a misdemeanor , but his background check said felony. he called lara and lara told him he had to get it fixed in whatever court he was convicted. so he had to go mess around with the court for a while to get it fixed in his background check before lara would allow him to be a caregiver.

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i'm wondering if you should write a note to clarify that it was a car accident and not something else.

 

i agree with you, i dont think they look at details at all. we've had someone on here who was convicted on a misdemeanor , but his background check said felony. he called lara and lara told him he had to get it fixed in whatever court he was convicted. so he had to go mess around with the court for a while to get it fixed in his background check before lara would allow him to be a caregiver.

I'd guess you are remembering restorium. He had a drug charge that was dealt with in the district court many years ago. The fact that it was in district court should have been enough to show that he wasn't a felon. But LARA didn't connect The dots and made him prove he wasn't a drug felon. I find this disturbing because the act clearly puts the onus on lara to determine if the caregiver is a felon or not.

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That is absurd and completely irrelevant though, wasn't even worth typing... Being in a tragic car accident has absolutely no relevance whatsoever to someone being able to perform caregiver duties, there are plenty of downright terrible growers out there who have 5 patients, those are the ones who should be ineligible.

 

I do realize I probably have no chance though, but for no good reason... Anyone can get in a car accident, unfortunately mine involved excessive speed but no malice or drugs/alcohol.  I thought it seemed more appropriate for this to apply to violent crimes, losing control of a car is not "violent" or intentional at all I guess I just got screwed by a technicality.

Gurbz it was a slow speed accident that ended my indepedence and my career!  Neither one of us were drunk but the guy who ran a red light and t-boned me totaly phaqed my life up!  He did not miss a days work, I spent yrs going thru hell in pain clinics, I have had every shot and test known to the medical field, some of them too many times, now Im living on what I made in 4 days pay for a whole month, it took me 8 yrs of fighting ssi, I am totaly on a fixed income and that was not supposed to happen to me at 38 yrs old, Im 52 now and cant afford to pay attn!

 

Im not saying you are a bad person, but I have to say the person that disabled me best hope I never reconize him on the street, I could live pretty high on the hog for 30 days on ssdi in prison but after that I get cut off!  and im not afraid of prison!

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I would definitely send in the application if that's the response they gave you.

 

Also include a page "with explanation". It's worth a shot.

 

I'd send them the application but avoid giving them any other information if they don't ask for it.

 

Government functionaries tend to get confused by too many facts. Keep things simple for them so all they need to do is pull out their rubber stamp and move on to the next case.

 

If you are denied then worry about explaining things.

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Thanks for all of the responses everyone, very helpful... I am kind of on the notion that I shouldn't send the additional information either (although a good suggestion, thanks) because it would be even easier to overlook if I don't directly call attention to it, I'm sure it won't be overlooked but still feel like I'd have a better chance of that happening if I don't say anything. I'll try explaining it if it gets denied though, that's a good idea too or just suck it up and stick with my personal amounts.

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Gurbz it was a slow speed accident that ended my indepedence and my career!  Neither one of us were drunk but the guy who ran a red light and t-boned me totaly phaqed my life up!  He did not miss a days work, I spent yrs going thru hell in pain clinics, I have had every shot and test known to the medical field, some of them too many times, now Im living on what I made in 4 days pay for a whole month, it took me 8 yrs of fighting ssi, I am totaly on a fixed income and that was not supposed to happen to me at 38 yrs old, Im 52 now and cant afford to pay attn!

 

Im not saying you are a bad person, but I have to say the person that disabled me best hope I never reconize him on the street, I could live pretty high on the hog for 30 days on ssdi in prison but after that I get cut off!  and im not afraid of prison!

Sorry that happened to you, life can dish out some really crap situations that's for sure. It really sucks to know people lost a loved one from my accident as well.

Edited by gurbz
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