Seeking Advice.

[trichcycler]

Your offered help is consistent, helpful, and surely appreciated. I notice, and want to thank you for your service to our community. kudo's

edit for the +1

if the prosecutor objects to your motion because you do not have your doctor present, object to her complaint, say you are innocent until PROVEN guilty, if she has EVIDENCE your doctor was not a bona-fied dr-pt relationship she has to present that.

 

try to object to all of her complaints this way.

 

and if the prosecutor tries to dismiss the charges, ask the judge to dismiss them with prejudice so the prosecutor cant bring charges up again.

Edited February 4, 2014 by grassmatch

[ozzrokk]

Any update on the 2/4/14 hearing?

[FactorX]

Hi.

 

Prosecutor offered 7411.

 

Due to the uncooperative nature of my doctor I figured I would bite.

 

However, judge is unsure if I will in fact qualify due to a possession charge in Wyoming in 2009.

 

In limbo.

[ozzrokk]

I hope things work out for you my friend.... Thanx for the update

[FactorX]

Hi all.

 

So I went to my sentencing today. The last sentencing hearing was adjourned.

 

I utilized a public defender today, and must say I was thoroughly impressed with his stance and ability to actually fight.

 

At the last hearing which got adjourned, they were recommending 30 days in jail. Absolutely absurd.

 

This time they were recommending 18 months probation, 5 days in jail, 40 hrs community service, marijuana rehabilitation and more.

 

Public defender apparently is in private practice as the PD gig is not his usual deal.

 

When we got on the stand, he explained how this case has snowballed from the start. He expressed his understanding of Oakland CO stance, however he added that he is very familiar with the MMMA and that I should have had protection under it.

 

Case concluded with just fines and costs.

[FactorX]

Thank you very much.

 

I am glad to have you all as support.

[jointedone]

Finally the little guy wins one..All the best to you.

[FactorX]

Thank you.

[GregS]

Hi all.

 

So I went to my sentencing today. The last sentencing hearing was adjourned.

 

I utilized a public defender today, and must say I was thoroughly impressed with his stance and ability to actually fight.

 

At the last hearing which got adjourned, they were recommending 30 days in jail. Absolutely absurd.

 

This time they were recommending 18 months probation, 5 days in jail, 40 hrs community service, marijuana rehabilitation and more.

 

Public defender apparently is in private practice as the PD gig is not his usual deal.

 

When we got on the stand, he explained how this case has snowballed from the start. He expressed his understanding of Oakland CO stance, however he added that he is very familiar with the MMMA and that I should have had protection under it.

 

Case concluded with just fines and costs.

Was that resolution a part of the 7411? If not, what were you ultimately charged with?

[Highlander]

Thanks for taking a stand and fighting the good fight!

[t-pain]

was any of my advice helpful? was any of it worthless?

 

is there anything we can learn from your case to help the next guy caught in oakland county bullschiuttery? 

 

thanks for keeping us in the loop. sorry we arent much more help than a support group.

[FactorX]

I'm convicted of possession of marijuana.

[t-pain]

there was a jury trial or a plea deal?

[FactorX]

I suppose I can start off by saying that the template you have provided for the section 8 defense has served me well, although not fully actualized as I'd had hoped. Though I suppose even a section 4 defense in Oakland county can be difficult to accomplish.

 

Throughout the course of this whole ordeal, I at least felt that I wasn't a criminal. I didn't choose the medical access to be convicted after all. However, the attorney today seemed thoroughly impressed with the section 8 document as I've had no legal training. Thanks T Pain. As such, I believe he had treated this with much more discretion than the usual thing.

 

Initially, the plea was for the 7411. However, it wasn't until the initial sentencing hearing that I was informed that I was ineligible. That being said, I was still referred to the probation department.

[ozzrokk]

Good to hear of what is probably the best outcome under the circumstances. Thanx for the update and for fighting the good fight. Good luck to you my friend.

[FactorX]

Thank you.

[trichcycler]

Your offered help is consistent, helpful, and surely appreciated. I notice, and want to thank you for your service to our community. kudo's

edit for the +1

[trichcycler]

read closer. he didn't win. he was hassled, had proper papers and maybe could have been an improper transportation instead. sure, could have been worse, and so glad it wasn't. I surely didn't think of my silly 7411 plea as a win, especially after the fines and cost were tallied. I'd say the prosecutor won this one, not the defendant.

Finally the little guy wins one..All the best to you.

[flower pharm]

im new here but all the help and caring is really cool,this is alot of time and effort on the part of contributors.everyone gets an attaboy from petty cash!

[jointedone]

Grass,was I posting to you? Only you could take a simple nice thing I say to someone and turn it into crap. What a sweetheart.

[cheapshades]

flower pharm: ....."everyone gets an attaboy from petty cash".....

 

petty cash not required.  compassion is free.

Edited May 10, 2014 by cheapshades

[FactorX]

^^^

[trichcycler]

If being harassed to the point of owing thousands of dollars to a court system bent on exploiting our laws to their financial gain a win for this defendant, so be it. I simply disagree is all. 

If you fear a differing opinion than yours, consider posting yours in private, that way nobody will be able to see what you're thinking, and dare to disagree.

 

peace

Grass,was I posting to you? Only you could take a simple nice thing I say to someone and turn it into crap. What a sweetheart.

[flower pharm]

i know its pretty sad that he got anything at all,its also sad that,we see fines and costs as a win. i think its hard for alot of ppl to get over the fact that were not illeagal,and to get away from the mindset of whew,that was close, i hate seeing us have to still keep our helmets on,and heads down.

[phaquetoo]

Awsome! alot of people have been given hope with this thread, good job hanging in there!

 

My last court apointed attny was the prosecutor for the next county over, I lucked out like mad, he was a great attny for 200 bucks, man I would seek him out if I needed an attny up where I live now!

 

When I lived down state and had issues with the law in oakland county I used jerome sabbota as an attny, he is a very good attny and I always got what he said I would.........off all charges!

 

Peace