Pulled Over In Gr With Couple Of Grams - Misdemeanor!

[imiubu]

wth???

"sign on the guilty line"

[phaquetoo]

My first mm bust happened to me in roscomon county, I hadnt even applied for my card yet. every one I spoke to said apply for your card before court, I did and the 21 days were up before my first appt with my court appted attny!

 

I was on state land camping some one in the area was shooting a gun (it wasnt hunting season) so a dnr officer snuck up on me burning one, He called in the sherrifs dept to deal with me, they entered my camper w/o my permision, they found a few grams and some roaches and empty bottles of oil, they called the empty bottles of oil black tar heroin, they found my loaded .22 rifle in my closet in the camper, they took every thing including me lol,,,,,I bailed out for 100 bucks the next morning on a saturday, I went and retrieved my .22 on monday, they gave me my gun and ammo back and showed me my charges, I applied for an mm card within the week, I asked for a court appted attny and had him show the prosecutor my paper work (which actualy was dated a wk after i got popped) they dropped my mmj charges and waited for the tests to come back on the so called black tar heroin, when that came back thc they dropped all mj charges, they had no charge for my loaded weapong, and offered me a disturbing the peace charge, I didnt take any deals, and before my jury trial came about they dropped all charges!

 

I wouldnt worry to much about your charge, but I would def get your card back, it is cheaper than the mm isnt it? you cant renew now but you can reapply, personaly I wouldnt worry about going and getting your pic and finger prints taken, I have done that a few times, you will either do it before your court date, or on the day of your court date before the judge will see you, so go do your finger prints and mug shot lol mug shot, yea ask for a copy so you can put it on your coffee cup lol,,,,,I know its not funny, dont take a plea unless it has nothing to do with mj, if they offer you a pissy thing like disorderly or disturbing the peice, I would take it, even a court appted attny will run you at least 200 bucks,,,,,so ask yourself do I need to renew to avoid this in the future or shall I smoke ilegal and spend more on your mj than it cost to get legal for 2 yrs!

 

I wish you the best!

 

Peace

[gage2008]

Fingers crossed I'll be going to the doctor sunday.

[gage2008]

Fingers crossed I'll be going to the doctor sunday.

 

So I'm not very verse in court stuff. So what is "Not taking a plea' exactly?

 

From what Im reading when I go there I should bring any doctor records and recommendations, old cards to my court hearing and plea not guilty and when they ask why or what not. I state that at the time of the ticket I had a old card that expired and shortly after my ticket got a new card and show the judge both old rec, old card, AND new card or the paper work if I don't have it.

 

Then what?

[gage2008]

I'm not going to lie. I'm more freaked out to argue anything?

 

I have one local buddy who went through the same situation and got probation but says because it was a county cop not a state cop (not sure why that would make a difference) who gave me a ticket he thinks I'll just have to pay a ticket.

 

My sisters husband had the sam situation and just had to pay $100.

 

 

[jointedone]

I'm still getting over the fact that the reason you were pulled over is that "your tabs weren't put in the right place on the plate." Man. They will think of ANYTHING to pull you over. If I get pulled over,I'm going for the ostomy bag "emergency"........Deal with THAT,copper!.

[bobandtorey]

[BirdHunter]

Depending on how long you lapsed, your new card might show uninterrupted certification, and you can qualify for section 4. The cards have a beginning date and and expiration date, and often upon renewal they keep your original certification date, even if there was a lapse.

[bobandtorey]

what are the 2nd pair of socks for? cold floor or sell/trade them to people in prison?

So you can wear one and wash the other

[gage2008]

Alright. So I got everything in the mail! Fingers crossed it gets to me in time. My frind Mailed his on the 9th and and got the card issued the 19th.....

Edited July 2, 2014 by gage2008

[gage2008]

So when I plead not guilty and explain I'm a medical marijuana patient who had a expired card at the time etc etc.... Do I be honest about the whole thing?....from the tabs being the reason he originally pulled us over to having a couple grams and having it confiscated for being honest with the officer?

I wasn't using at the time either. Its been maybe 3-4 hours since I last smoked. It wasn't while I was in the car AND I was a passenger when the wife and I was pulled over I was the passenger not the driver.

 

What should my course of action be after that?

[bobandtorey]

I am also no Lawyer but play one here sometimes and this is only my own opinion  the judge will ask you how do you plea  and that will be the only thing you will be able to say to the judge then you plea not guilty and he will ask you if you have a Lawyer or if you have $$ to pay for one 

[gage2008]

Ok... I say no to both...

[garyfisher]

marijuana is decriminalized in grand rapids.  As far as I know it is only a $50 ticket.

[Wild Bill]

marijuana is decriminalized in grand rapids.

 

Yeah, here in Ferndale too.

 

Police in Detroit, Ferndale continue to snub local marijuana legalization attempts

By Gus Burns  on April 24, 2014 at 12:27 PM, updated April 24, 2014 at 5:05 PM

 

Police in both Detroit and Ferndale say what their city's voters want doesn't matter when it comes to marijuana because it's a federally controlled substance, only legal for certified medical use under Michigan law.

 

Ferndale Police Chief Timothy Collins, who admits he's a "kind of anti-marijuana guy," says it's not legalization at all, just removal of a previously existing ordinance.

 

He said these ballot measures are being portrayed by the supporters and media as "legalization" when they are not.

 

If you exempt a 21-year-old caught with an ounce of marijuana, the ordinance simply says they can't be prosecuted under Ferndale law, and jurisdiction then automatically goes to state law, Collins said.

 

[bobandtorey]

Yeah, here in Ferndale too.

Lol

It maybe funny to some of us but we know the truth about cannabis and how Leo feels because we know

 

 but garyfisher may not i' am glad he is here and hope he tell's as many people he knows 

[gage2008]

So why does someone have to have $ and a lawyer to defend myself by the rules of section 8?

 

My old document from Dr. Crocker and my new documentaion from the current doc isn't enough?

[t-pain]

the local podunk courts dont want to follow the law gage.

so we're relying on mich supreme court cases.

 

the mich supreme court has taken up 2 recent cases on sec 8 which should clarify it for everyone.

[Gage1108]

For some reason cant access my account. Everytime I try to login it says I DIDNT enter a username. So new account!

 

 

UPDATE:

 

So I went to my court arraingment  almost a couple weeks ago(might of butchered that word) My Lawyers says my best deal will probably be a 7411 probation!!!!!! WTFFFFF!!!

As for my medical marijuana rights. Those are in jepordy!

 

My next court date is the 12th of Aug. He told me that If i have a prayer of being able to use my medicine for probation that I need a LEGIT or Family doctor to look at my back and agree that Marijuana will help my back. My best chance would be with records and a Doctor as a witness to stand up for me.

 

WTF a family doctor. I've meet nobody in person who has a doc who is even ALRIGHT with it let a lone would sign off on it.

 

Today I have a docotors appointment for the first time in Years for my back. Fingers crossed there as understanding as everyone here and will help me. No idea what Im going to do if I can't use my medicine! I'm more worried for my family that I take care of more then me. I have 3 kids (1 y.o, 2 y.o.and a 5 y.o) and on top of that I take care my mom who is bed ridden. With out me the familly will fall apart. with out my medicine im useless and with perscription Pills its as bad if not worst!!!

 

This whole thing has taken a physcial toll on my body. I'm once again in a constante depressed state full of anxioty all because of this non sense!

Lost! No clue what to do if this docotor doesn't ok me!

[Willy]

well this is a 7411.... seems like more crap  to force a plea deal.. 

 

 

MCL 333.7411 is a law was proposed to allow judges to use their discretion to provide a non-criminal sanction for first-time offenders who commit less serious drug crimes. People v Ware, 239 Mich App 437, 441, 608 NW2d 94 (2000). It is a law that can be used as a get out of jail free card for a person charged with certain drug offenses.

**** CAREFUL ****

Charges brought to sentence under 7411, CANNOT BE EXPUNGED and may therefore, show up in a federal background investigation even if an adjudication of guilt was never entered. See MC235. The court will not grant a motion for an order to expunge if the movant cannot check the box in paragraph “2″ of the “Motion” section, stating: “This motion does not pertain to any sentence imposed under MCL 333.7411.”

********

If the candidate is eligible for application of the law to their case, under certain circumstances, the person can be discharged from probation and their case can be dismissed without a conviction entered on their criminal record. The statute addresses the following issues: (1) probation where there is no previous conviction; (2) what happens if probation is violated; (3) how there can be a discharge from probation and dismissal of the case without any adjudication of guilt on the record; (4) what the record will look like if the agreement is completed successfully; (5) the effect of civil fine for first violation; (6) what the judge can order the defendant to do in order to complete the program; (7) that the failure to complete ordered instruction or program is a violation of probation; (8) screening and assessment; (9) participation in rehabilitative programs; (10) payment of costs; (11) failure to complete program as violation of probation.

Practically speaking what happens is that the defendant pleads guilty or is found guilty of a qualifying offense. The judge does not formally enter the judgment of guilt but rather defers the proceedings and places the defendant on probation. Once the conditions of the probation are met, the defendant is discharged from probation and the case is dismissed.

Under MCL 333.7411(1), a defendant is eligible for this drug diversion program if they are charged with:

 

▸ Possession of a controlled substance under MCL 333.7403(2)(a)(v) or MCL 333.7403(2)(b),©, or (d), including possession of less than 25 grams of a schedule 1 or 2 controlled substance;

▸ Use of a controlled substance under MCL 333.7404; and

▸ Possession or use of an imitation controlled substance, under MCL 333.7341, for a second time.

Additionally, the defendant must have no prior convictions involving controlled substance offenses codified at MCL 333.7101 et seq. or offenses under equivalent laws of other states or the United States. As long as prior offenses do not include disqualifying controlled substance offenses, a defendant can still be considered for 7411 status. However, this 7411 get out of jail free card can only be used one time.

Application of this statute may not be right for a defendant who is unlikely to successfully complete all the terms of probation. The defendant will have to pay probation supervision fees and may have to participate in a drug treatment program. All costs of the drug treatment program must be paid by the defendant. Urine testing can be frequent and costly. If the defendant fails to comply with all conditions, they will be convicted and sentenced on the charge.

MCL 333.7411:

(1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), ©, or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, <a data-cke-saved-href="http://legislature.mi.gov/doc.aspx?mcl-771-3c%3EMCL%20771.3c%3C/a%3E.%20The%20terms%20and%20conditions%20of%20probation%20may%20include%20participation%20in%20a%20drug%20treatment%20court%20under%20chapter%2010A%20of%20the%20revised%20judicature%20act%20of%201961,%201961%20PA%20236,%20%3Cahref=" href="http://legislature.mi.gov/doc.aspx?mcl-771-3c%3EMCL%20771.3c%3C/a%3E.%20The%20terms%20and%20conditions%20of%20probation%20may%20include%20participation%20in%20a%20drug%20treatment%20court%20under%20chapter%2010A%20of%20the%20revised%20judicature%20act%20of%201961,%201961%20PA%20236,%20%3Cahref=" http:="" legislature.mi.gov="" doc.aspx?mcl-600-1060"="" style="color: rgb(241, 108, 79); font-weight: bold; text-decoration: none; transition: all 0.2s ease-in-out; -webkit-transition: all 0.2s ease-in-out;">MCL 600.1060 to 600.1082. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as otherwise provided by law, is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section  7413. There may be only 1 discharge and dismissal under this section as to an individual.

(2) All court proceedings under this section shall be open to the public. Except as provided in subsection (3), if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral shall be closed to public inspection.

(3) Unless the court enters a judgment of guilt under this section, the department of state police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the criminal charge under this section. However, the nonpublic record shall be open to the following individuals and entities for the purposes noted:

(a) The courts of this state, law enforcement personnel, the department of corrections, and prosecuting attorneys for use only in the performance of their duties or to determine whether an employee of the court, law enforcement agency, department of corrections, or prosecutor’s office has violated his or her conditions of employment or whether an applicant meets criteria for employment with the court, law enforcement agency, department of corrections, or prosecutor’s office.

(b) The courts of this state, law enforcement personnel, and prosecuting attorneys for the purpose of showing either of the following:

(i) That a defendant has already once availed himself or herself of this section.

(ii) Determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(5) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

© The department of human services for enforcing child protection laws and vulnerable adult protection laws or ascertaining the preemployment criminal history of any individual who will be engaged in the enforcement of child protection laws or vulnerable adult protection laws.

(4) For purposes of this section, a person subjected to a civil fine for a first violation of section 7341(4) shall not be considered to have previously been convicted of an offense under this article.

(5) Except as provided in subsection (6), if an individual is convicted of a violation of this article, other than a violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the department on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee, as approved by the director, for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.

(6) If an individual is convicted of a second violation of section 7341(4), before imposing sentence under subsection (1), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under subsection (1), the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program shall be considered a violation of the terms of the probation.

 

 

I dont think that i would do this at all... seems awful heavy handed for having a couple grams in your pocket, with or without a card.. ???  I'm not you but for me, I would reject that like a snake in a wood pile..  good luck man...

Edited July 29, 2014 by Willy

[t-pain]

My Lawyers says my best deal will probably be a 7411 probation!!!!!! WTFFFFF!!!

 

your lawyer is bunny muffin. tell him plea deals are off the table. if he doesnt agree, fire him and get a new one if you can afford it.

[Restorium2]

This is an extreme position of weakness for any medical marijuana case:

Today I have a docotors appointment for the first time in Years for my back.

[slipstar059]

Since it was in the car, and not locked up is there even a defense under the mmma? You weren't in Grand Rapids that's why they didn't just fine you. Use is a way better charge than possession, it's usually just a fine. It also leaves it open for you to get it dropped, but you also might just tinkle off the judge. I feel you on back pain, When I was 12, I was hit (while walking) by a drunk tuber, going 65 in a pickup truck. The older I get the more I feel my back disintegrating. Now I'm getting terrible arthritis in my arms, as well. Get a lock box, get protected.

Edited July 30, 2014 by slipstar059

[slipstar059]

Btw EGR has some really great judges, if your not sure of your guilt, they won't let you plea, until consulting an attorney. (At least that's what I've seen in the past) by the sounds of location you were on their turf. Just remember the saying about mountains and molehills.

Edited July 30, 2014 by slipstar059

[Gage08]

To Whom It May Concern - -

So its been about 3 months since I updated anyone on anything that has happened.

Staying in "time line" fashion. I went to my doctor's appointment and was completely honest with her about my situation. Told her about my 4 car accidents, my back pain, my degenerative disc disease in my neck, and about my ticket and how I might be facing probation. Told her my lawyer advised me to have a family doctor write a letter in my defense, to use marijuana while on probation...Guess What. SHE HATES COPS! OH SNAP!

She says this is a "Policed State" and this whole thing with marijuana is stupid. So she wrote the "First" note.

So I get my note and go to pre-trial in late Aug. My main lawyer ends up on some big case and has to go out of town/state and with him was all my paperwork and my letter. He ends up assigning one of his other lawyers to assist me in my case. She was = if not > then the original guy I had. Moving on. The prosecutor wants no negotiation and puts 7411 as my only option or go to trial and risk jail time. So even though I know you guys said not to, I accepted it anyways. The judge wasn't there that day to no sentencing.

Sept 22 - I go back to court - The judge sentences me to 6 mo 7411 - My lawyer asked because of my injuries and medical cards if I could continue using my medicine while on probation. The judge (paraphrasing) told me that with 7411 being a drug related sentencing and for my offence to be marijuana related that she couldn't allow me to use while on probation. But since I have my issues with my back and I have a card she would be willing to review a doctors letter stating that there is no other options for me other then marijuana that she would TERMINATE my probation all together. My current lawyer informs me that the letter I had was to "on the fence" and not "definitive" enough for the judge and I would need a better letter.

Oct 7 - I go to my doctors once again to revise the letter. She is not happy at all for good reason. She barely knows me (3rd visit) and this is something she could lose her job over, but still happily writes the letter and specifically says, "Anti-inflammatory and narcotics pain medicine does not work and causes bad side effects. I recommend he continues marijuana so he can care for himself and his family" (BAM. NAIL IN THE COFFIN)

Oct 9 - First date with my probation officer - So I arrive court. Sign in. Wait. My po comes out and we sit at his desk. He asks If I have the note which I hang to him. He looks at it briefly and say's. "I thought you had a pre-sentencing letter form the doctor" I told him yes but it needed to be revised by the doctor to be more definitive (I'm to honest I know) he takes copies of my caregiver and user card (someone tell me the difference in between my caregiver card and user card. I thought my caregiver card was my caregiver card) and the letter and explain probation to me as it stands today. We talk about my marijuana use and why. And he ACTUALLY told me that marijuana is one of the worst things for your body. Especially compared to pharmaceutical if used properly then went on to explain that marijuana causes brain damage. WTF are you talking about and where are you getting your facts (kept those to my self) I just nodded and agreed with all the nonsense he was said. He told me that he would show the letter to the judge and give me a call about what she decided to do. I signed my paper work, shook his hand. And left. Anxious for an answer!

1 hour late - I get a call from a random number. Normally I don't pick up on random letters, but I just came back from that appointment so why not. IT'S HIM!

After a brief hello and what not he told me he caught up with the judge and showed her my letter. The judge said to dismiss my probation and let me move on with my life

VICTORY IS MINE!

BONG LOADS AND DABS FOR EVERYONE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!