Illegal / Improper Transportation Of Meds

[+Malamute]

There ya go.  Take that case and what you have been told and tell the prosecutor to please dismiss all charges and to suck on your left nut(don't actually say that... hehehe)

 

That case doesn't set precedent,  but I mean,.. yea. Duh. I doubt the prosecutor will want to proceed.  He will just get some other sucker to plea to the charges instead of you. :-)

[+Malamute]

Have I convinced you that you are not guilty of improper transport? 

 

Do you feel like you understand your situation better and  enough to move forward and defend yourself in what way you see fit?

 

 Do you understand you should at least consult an attorney before proceeding on your own?

 

 

If so,... my job is done here.

 

:-)

[potentialpotpotentate]

I appreciate ya man, I made a couple hasty 'free consult' calls this morning, I think I may have one or two left,

that said: God bless ya, you at least got my research fired up and my spirit lifted for this evening.

thanks again

[+Malamute]

No problem.  Can I ask which county?

 

 

Also, we may be able to recommend an attorney for a free consult of a few basic questions.

[t-pain]

ppp : one min and i'll dig up the previous case law opinions on the subject.

 

just print them out, hand them to the judge. end of case no doubt.

 

the prosecutor will try to plea for ANYTHING , BUT DONT TAKE THE PLEA. he will give up and spend his time on other patients who maybe more gullible.

[t-pain]

here, this page has the links to the other judges' orders.

http://michiganmedicalmarijuana.org/topic/47435-mi-ag-invited-to-weigh-in-on-constitutionality-of-marijuana-transportation-law/

 

basically there are two flaws to 750.474.

1. it tried to amend a law (mmma) by title alone. this makes it unconstitional because to amend a law you have to reprint the relevant sections for people to view the changes.

 

2. it is not part of the act, the act supercedes it because it conflicts.

 

(or just here are the links you need to print)

http://www.scribd.com/doc/241527857/People-v-Johnson-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527924/People-v-Johnson-Brief-in-Support-of-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527783/People-v-Johnson-Order-Inviting-MI-AG-to-File-Brief-09-19-14-Ocr

http://www.scribd.com/doc/241527539/People-v-Barber-MMMA-Transport-Dismissal-Transcript-Ingham-DC-03-04-14-Ocr

http://www.scribd.com/doc/241527704/People-v-White-MMMA-Transport-Order-Delta-DC-06-19-14-Ocr

http://www.scribd.com/doc/241527632/People-v-Porter-MMMA-Transport-Order-Crawford-DC-07-21-14-Ocr

http://www.scribd.com/doc/241527421/People-v-Cuadrado-MMMA-Trasport-Opinion-07-23-14-Ocr

 

some of those are opinions, orders and even the briefs.

so you can type out the brief and substitute your info where the other guys' info was. well talk to a lawyer first. this is not legal advice, i am no lawyer. dont take a plea, good luck.

 

before the judge ends the case, tell him you want all of your stuff back. get a court order (possibly from him?) so you can take that to the cops and get it back. tell the judge you think the police might defy the court order and ask for help, possibly from a baliff/court police.

 

also you could now sue for wrongful arrest. MAKE THEM PAYYYYYYYYYY

[phaquetoo]

BUT,  please confer with an attorney on this.

 

 I have seen people get it dismissed.  I have seen many plea deal or just plea down to this charge.

 

I believe there is thread here about this....

 

 Not sure...

 

Someone will come along and help me out on this one.

I hope im not to late! dont plead to anything!

 

Now i need to read the rest, I have been in your position at least 3 or 4 times now, no convictions, no attny's and no financial loss!

 

Im hoping  you didnt plea yet!

 

Peace and best of luck!

[potentialpotpotentate]

guys, thanks for all the support. I'm in Berrien county, SW MI.

I have had a few short chats with a few attorneys. I wish I had the funds to be represented

by one, but I may only be able to scrape a few bucks together for a meeting or something

limited.

 

Please PM me if you think you can recommend somebody, or to get a phone conversation going

with your experiences, I would be grateful, and though I don't have a job presently, I have

a mess of organic kale and garlic, and plenty of fruit coming on shortly.

 

ps, I'm really anti-litigation, I was not actually arrested I suppose, even though I was processed

like a common criminal in the court system. So.... If a lawyer thinks we can sue the county and win for

wrongful arrest, processing, etc. and they think it will be worth their time in the pay out, please

contact me, I'd be interested in listening.

[potentialpotpotentate]

t-pain:

do you know if I could present these forms at pre trial? I don't think the judge

is present in the pre trial is he/she?

 

Like I said guys, please PM me if we can get a phone chat going, I'd love to hear of

your overcoming this rubbish and the mechanics/routine of the court hearing cycles.

 

I've never been caught up in the system before, nothing but seatbelts and rolled stops

back in the day, all wiped. Perfect record, never in court. Etc.

[t-pain]

oop, i think you might be getting confused.

 

it goes like this

1. pre-trial conference between you and prosecutor (he wants you to take a plea before you even set foot into the court).

 

if you dont take a plea...

 

2. misdemeanor arraignment before a judge to determine if charges continue or get dismissed. bail is set here (this is where they possibly arrest and book you into jail as well)

 

 

i believe a magistrate(fancy name for a judge) is present pre-trial, and yes, that is exactly where you need to present these documents (not the briefs, i dont think, that comes at the later court).

 

the magistrate will decide if the charges stick and if you will be bound over to circuit court.here is a link that explains things:

http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pretrial_appearances.html

 

Misdemeanors

The first step is an initial appearance (often referred to as an arraignment), before a judge of a lower court or magistrate, at which

The charge is read to the defendant, and penalties explained.

The defendant is advised of his/her right to trial, and right to trial by jury if desired.

The right to counsel (legal representation) is explained, and the judge or magistrate appoints a lawyer if the defendant requests one and is found to be indigent (too poor to afford a private lawyer).

The defendant enters a plea. If counsel has been requested and appointed, or if the defendant indicates that private counsel will be retained, a plea of not guilty is entered. If the defendant enters a not guilty plea, a trial date will be set. If the defendant pleads guilty, either a date will be set for sentencing or the magistrate or judge will impose probation, fines or other sentences immediately. In some cases, the judge or magistrate may allow a defendant to plead nolo contendere , or no contest. In many jurisdictions a plea of no contest is equivalent to a guilty plea, except that the defendant does not directly admit guilt.

Assuming the defendant has pled not guilty, the judge or magistrate sets the amount of bail .

more about plea bargains

http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pleabargaining.html

 

It also may involve a guilty plea as charged, with the prosecution recommending leniency in sentencing. The judge, however, is not bound to follow the prosecution’s recommendation. Many plea bargains are subject to the approval of the court, but some may not be (e.g., prosecutors may be able to drop charges without court approval in exchange for a "guilty" plea to a lesser offense).

 

 

ps, I'm really anti-litigation, I was not actually arrested I suppose, even though I was processed like a common criminal in the court system. So.... If a lawyer thinks we can sue the county and win for wrongful arrest, processing, etc. and they think it will be worth their time in the pay out, please contact me, I'd be interested in listening.

did they detain you against your will?

they fingerprinted you at the scene or transported back to hq?

 

maybe not wrongful arrest, but certainly a civil rights violation.

i could be wrong.

 

 

 

one more thing...

if you have a clean record, and are 18-24? i think, there are different parts of the law that can forgive a crime. i think its called 7411. thats why its important to talk to a lawyer because theres a few other solutions you can do instead of pleading guilty/notguilty and still walk away.

 

heres the law:

http://legislature.mi.gov/doc.aspx?mcl-333-7411

[Restorium2]

Be ready with the stories behind those remnants of marijuana they found. You may have to explain your medical use. No big deal if you are ready for that. If you didn't have good, believable stories of medical use then you could end up being 'not a patient' in the eyes of the court. 

[t-pain]

those documents are "non-binding" which means the courts dont have to follow them.

makes a lot of sense right? one court says the law is baloney while the next court (or even a different judge at the same court) says the law is upheld! welcome to america...

 

oh, i recommend printing the mmma law and highlighting the parts that malamute bolded when he explained how a patient with a card is not subject to any penalty. most judges have not even read the law. law link here, click printer friendly.

http://legislature.mi.gov/doc.aspx?mcl-Initiated-Law-1-of-2008

 

i also suggest printing out people v koon and ter beek v wyoming. two supreme court cases that apply here and show that the mmma supercedes all other inconsistent laws- including dui law and local ordinances.

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/12-13-Term-Opinions/145259%20Opinion.pdf

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/13-14-Term-Opinions/145816%20Opinion.pdf

 

talking to a local lawyer may tell you if the prosecutor is a penis or not. that way you can decide to ask the prosecutor to drop charges with your court cases, or skip him and talk right to the magistrate/judge. thus depriving the prosecutor time and advanced warning that you will surprise him with this at arraignment...

 

yes, this is exactly one big game that prosecutors and judges play with peoples freedom. again, welcome to america.

[trichcycler]

I believe there are no age restrictions regarding 7411.

[t-pain]

I believe there are no age restrictions regarding 7411.

another reason to talk to a laywer, because i'm not one and i get these mixed up sometimes you are correct grassmatch, thank you for correcting me.

http://legislature.mi.gov/doc.aspx?mcl-762-11

is the one i was thinking of, the HYTA, for 17-20yos.

 

ppp: i'd also highlight the mmma act, section 6h2 and 6 h 4. and point out to the judge that your name is confidential and having your name in open court is a violation of the law.

 

i understand that you do not wish to be litigious, but my friend, you are now in the court's playpen. many people have been railroaded for not standing up for their rights in court. i think jim/phaque will comment soon on how he has beaten court a few times by himself with and without lawyers. he has some good advice.

 

my advice:

read everything about the laws and court procedure you can.

 

go to court and witness how court works before your arraignment. you should be able to do this in any court, just dont bring your cell phone. this will show you just how completely utterly retarded the whole thing is. hopefully watching other peoples' court cases will anger you enough to go on the offensive. or at least you will learn something, i guarentee it.

[Wild Bill]

The judge, however, is not bound to follow the prosecution’s recommendation.

 

An important point to remember! I took a plea in Wayne county in 1976.

 

When we got to court the judge said, "No way", and gave me the original sentence.

Edited July 28, 2015 by Wild Bill

[phaquetoo]

pm sent with number. awaiting your call!

 

Peace

Jim

[phaquetoo]

Hang in there my friend!  I know you will skate right thru this, hit me up if you need to talk any time!

 

we may want to get some moral support for you at your next court date, It dont hurt to have support with you on your court dates, the so called law they have cited you with is not in our act and there for can not be prosecuted, it dont mean them idiots wont try but with your due dillegence like we spoke about should help you to not cop a plea and get it dropped, be sure to print out all favorable sections of the law as written in 08, opinions or court cases that are like yours!

 

we should keep this on the front page and if you want support to show up for your court date, put the time, addy down so people can come that are in your area!

 

Peace

Jim

[potentialpotpotentate]

'preciate your kind words and the chat Jim.

For the sake of confidentiality, for the most part. I won't post dates here.

If anyone near Berrien would be willing to come out for support, or to give me a little help if they're

capable, please PM me.

 

I have had some one sentence correspondence with Mr. Abel, nothing really helpful to this point, no write backs from

a few NORML chapters I've contacted as well. I'm running with it,  much printing to do when I have access to one.

 

Everybody be good, I'll update as things come in. and please be in touch if you can offer anything useful, especially

Pro Se defense tips, and court structure stuff.

 

thanks all.

[potentialpotpotentate]

ps, any links or information with regards to the unconstitutionality of the 2012 improper transport law

would be appreciated.

[t-pain]

the information is contained in the links i posted.

 

did you read them yet?

 

this page has the links to the other judges' orders.

http://michiganmedicalmarijuana.org/topic/47435-mi-ag-invited-to-weigh-in-on-constitutionality-of-marijuana-transportation-law/

http://www.examiner.com/article/mi-ag-invited-to-weigh-on-constitutionality-of-marijuana-transportation-law

 

http://www.scribd.com/doc/241527857/People-v-Johnson-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527924/People-v-Johnson-Brief-in-Support-of-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527783/People-v-Johnson-Order-Inviting-MI-AG-to-File-Brief-09-19-14-Ocr

http://www.scribd.com/doc/241527539/People-v-Barber-MMMA-Transport-Dismissal-Transcript-Ingham-DC-03-04-14-Ocr

http://www.scribd.com/doc/241527704/People-v-White-MMMA-Transport-Order-Delta-DC-06-19-14-Ocr

http://www.scribd.com/doc/241527632/People-v-Porter-MMMA-Transport-Order-Crawford-DC-07-21-14-Ocr

http://www.scribd.com/doc/241527421/People-v-Cuadrado-MMMA-Trasport-Opinion-07-23-14-Ocr

 

 

from https://www.scribd.com/doc/241527924/People-v-Johnson-Brief-in-Support-of-Motion-to-Dismiss-08-26-14-Ocr

D. MCL 750.474 is unconstitutional.

Article IV, Section 25 of the Michigan Constitution provides that "no law

shall be revised, altered, or amended by reference to its title only. The section or

sections of the act altered or amended shall be reenacted and published at length."

It is evident that MCL 750.474 represents an effort to amend, alter or revise the

Michigan Medical Marihuana Act. By choosing to amend the penal code instead

of the Michigan Medical Marihuana Act, the Michigan legislature violated the

constitution. This statute is therefore unconstitutional.

[potentialpotpotentate]

T, you're alright man.

I did read that, and was elated. It was late last night, my browser died several times with all this gleaning and I didn't have any of the

links in front of me, I did skim and partially read most of the links you sent, I just need to sit down this weekend and

print everything and get a notebook together.

 

I bookmarked everything , so I should be ok.

 

I have one question ya'll: for the sake of convenience: would anyone here cop a petty traffic plea for a fine to forgo more court

hassles and fees if they decide the constitution is not the highest law in that court? I think I may know the answer.....

[phaquetoo]

T, you're alright man.

I did read that, and was elated. It was late last night, my browser died several times with all this gleaning and I didn't have any of the

links in front of me, I did skim and partially read most of the links you sent, I just need to sit down this weekend and

print everything and get a notebook together.

 

I bookmarked everything , so I should be ok.

 

I have one question ya'll: for the sake of convenience: would anyone here cop a petty traffic plea for a fine to forgo more court

hassles and fees if they decide the constitution is not the highest law in that court? I think I may know the answer.....

If it didnt involve mmj in any way and couldnt come back to bite you in the arse maybe, but I would not take an impaired or anything like that, I would take a rolling stop for say 3 points, or speeding ticket, but no simple possesion or anything else,

 

I beleive you have a great chance of getting it all dropped with the links you have been provided, once again give me a holla any time, I want to help you as much as I can!

 

Peace my Friend

Jim

[t-pain]

some people would take a plea to a lesser charge (obstructing traffic or so) or many would pay a fine to make it go away.

 

i doubt many would truely fight it in court. depends how sick they are too. most patients are not long for this world.

 

what is it, like 90% of people take a plea? the numbers dont lie.

[Wild Bill]

 

I have one question ya'll: for the sake of convenience: would anyone here cop a petty traffic plea for a fine to forgo more court hassles and fees if they decide the constitution is not the highest law in that court? I think I may know the answer.....

I was once told that you should fight in court if you genuinely believe you are right. In your case it would seem that you are in the right and they are very much wrong. If it was me I would fight it.

 

If you do go for a plea see if they'll do impeding traffic. It's popular with local courts because they don't have to split the money with the state and there's no points on your license.

[potentialpotpotentate]

we'll just have to see...... I'm still doing dilligence: if I say yes to a meager plea in pre-trial, does that resolve it there, or does it proceed to court to have this completed? I have heard about Judges going against the agreement between prosecutor and defendant...