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Probation Violation For Non Payment Of Fees And Possession Of Plants


Joffrey

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I was placed on 18 months probation on 9/21/15 for fleeing and eluding no drugs were involved I have never had a substance abuse problem and never committed a substance abuse crime. In 11/25/16 while on probation I was robbed/shot in my home for casino winnings. While in the hospital I gave detectives my house keys to investigate the shooting. They found an empty jar on the table that had weed in it from Thanksgiving the day before and 11 plants in the basement that had been there for 6 days without my knowledge. Both items belonged to my roommate whose had his mmmp card since 11/15/16 and he has signed a notarized statement to those facts. I have no other violations and completed all other requirements. After I received the violation details I had to beg, borrow, and deal too come up with $4,300 for my fees which I did. I went to court and they want me to do 7 months in jail and 18 months more on probation! I also have my mmmp card and have had it since 2/1/15 well before I committed this crime. Any advice?? Thank you guys!

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Special condition 2.4 of my probation states: You must not use or possess any controlled substances or drug paraphernalia, unless prescribed for you by a licensed physican, or be with anyone you know to possess these items.

 

I knew about the weed on thanksgiving but no idea about the plants and my violation is for possession of plants. I had an attorney but she was so unprofessional and unprepared at court that I fired her so I'm looking for another one.

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get a good mmj lawyer.

 

luckily you are protected by the MMMA law.

 

print it out and show this part to the judge

 

mcl 333.26424

(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

Edited by bax
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Thanks bax and briefcase joe! Question, my violation was for possession of marijuana plants. Condition 2.4 states I must not possess any controlled substance or drug paraphernalia. Is a plant considered either of those??

if the plants were locked up in a secure room, then you did not possess them.

 

if they were cut and hanging in an unlocked room , you were merely in the vicinity of medical use.

 

what part of the state are you in? call komornlaw , free call , stay out of jail...

Edited by bax
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if the plants were locked up in a secure room, then you did not possess them.

 

if they were cut and hanging in an unlocked room , you were merely in the vicinity of medical use.

 

what part of the state are you in? call komornlaw , free call , stay out of jail...

If he had access to the key to the room then he will not be able to use that defense.

Edited by Restorium2
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you're saying he had a key to a room containing plants he didnt know about? and the police already checked his keychain to prove this?

 

anyways flower this, the card protects him with 11 plants even. from any and all judge prohibitions. if the house he was shot in was locked.

 

what a story bro!

 

how was getting shot? did you get shot center mass or in an arm or foot or something?

Edited by bax
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you're saying he had a key to a room containing plants he didnt know about? and the police already checked his keychain to prove this?

Read the story. He gave his house keys to the cops. If there was a key on there to the room the plants were in, that is considered access. If the room was locked and he didn't have access to the key then he didn't have access to the plants. It can't get any 'plainer' than that. 

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you're saying he had a key to a room containing plants he didnt know about? and the police already checked his keychain to prove this?

 

anyways flower this, the card protects him with 11 plants even. from any and all judge prohibitions. if the house he was shot in was locked.

 

what a story bro!

 

how was getting shot? did you get shot center mass or in an arm or foot or something?

Ah, you didn't read that the roommate was the one with the card?

 

Both items belonged to my roommate whose had his mmmp card

Edited by Restorium2
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no offense, but you are tiring to talk to resto. really really tiring to talk with you. annoying, never backs down when wrong, you constantly read into other peoples words stuff that was not there. combative, confrontational, boneheaded...

 

you remind me of my family! if i didnt know better i'd ask if we were related.

Edited by bax
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