Pulled Over In Gr With Couple Of Grams - Misdemeanor!

[Restorium2]

Nice work. Thanks for the update.

[Gage08]

Thanks.

 

Actually it should be - VICTORY IS OURS!         

 

Each Marijuana case weither it be medical or recreation won is a giant step closer to legalization!

 

FREE WEED!

 

So on recipt for court fee's it says Drug Test and PBTN Oversight as one of the items on the recipt each cost $60. Do I get that refunded since I didnt use any of there drug test or really have a probation officer minus one visit?

[garyfisher]

If every person charged with a crime decided to go to trial, the system would break.

[t-pain]

you found an amazing doc who saved your butt!

you probably saved a butt load on the lawyer by taking the plea.

then you are a lucky cupcake for getting the probation dropped by the judge.

congrats. enjoy your victory party.

Edited October 10, 2014 by t-pain

[trichcycler]

the plea bargain system is a huge win for the court. I felt like a loser when I thought I had no choice but to take the 7411 in 1988. I tucked my tail and scooted along wishing I had more money to do what I knew could be done. Money can buy innocence maybe, at least its a better shot.

 

I'm happy op got what op wanted

[ozzrokk]

Very nice congrats............ Very happy for you.........

[bobandtorey]

If every person charged with a crime decided to go to trial, the system would break.

 

 

I do agree but not all want to loos everything they have who would pay the Bills if they end up in Jail and lose their  job , Home, car, and the Courts do know this

[bobandtorey]

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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

Thanks for standing up for all of us you have a great story to tell and i would tell the world 

 

congrats to you

[Broken]

congratz, this bong rips for you... weird how each county is different, in mine if you get busted might as well plead guilty, pay the 700 bucks and get it over with.

[Gage08]

you found an amazing doc who saved your butt!

you probably saved a butt load on the lawyer by taking the plea.

then you are a lucky cupcake for getting the probation dropped by the judge.

congrats. enjoy your victory party.

Wish I saved some money on the lawyer. $2500 went to him in the beginning and $390 to the court.

 

Thanks everyone. I've spent I think the last 5 years with bad luck after bad luck, It's nice for the change of pace. Espesially when it matters.

[t-pain]

never seen someone so happy to plead guilty.

 

but i cant imagine the toll its taken on you. these guys would rather ruin you and your family's lives than have any kind of compassion.

Edited October 12, 2014 by t-pain

[Gage08]

I've been having anxiety attacks off in on since this all started and depression has really taken its toll on my mind. I've not been depressed for close to 15 years up to a few days before my arraignment.

 

Anxiety was tenfold on sentencing and felt like I was in a fight during the whole process. It’s been bunny muffin to say the least.

 

However, I like to think some people have hearts. Including cops and judges. I feel like I got lucky with my judge. After the lawyer tried to ask for me to allow my use of medicine, the judge said because of my offense being marijuana related and 7411 drug specific she wouldn't allow me to use while on probation BUT would terminate my probation and throw this all out IF I could get a doctor’s note confirming that marijuana is the ONLY medicine for me. This is paraphrased. My point is this judge could have given me the middle finger and fried me but instead gave me an option. Sure it cost money but we all knew that's what it’s all about to begin with.

 

After my po gave the judge the letter she told him to let me off probation and word by word, "Let him move on with his life". She didn't have to do that and did. My friend was in the same boat minus the card and got a year of probation and still has a few months left. So I count my blessing that right now I’m taking a dab of some terpene rich shatter to kill this pain. If the judge wanted to flower me I would be on some sort of narcotic.

 

Got lucky with my doctor and my judge.

[kentuckyrain]

Congrats Gage! Would love to hear more stories like this in the future!

 

So to my understanding, you don't have probation and the whole thing was thrown out? So you don't have the 7411 on your record? 

 

Also, would love to know the judge that threw your case out if possible! My family and I have had our own problems in the past and have a judge in our county that we would hope NO ONE ever has to go before!

 

Anyhow,,, thanks again for sharing your great news,, made my day

[grateful411]

Didn't GR pass a decrimilization, shouldn't this have been a ticket?

[t-pain]

Didn't GR pass a decrimilization, shouldn't this have been a ticket?

if you read the first post, it was a ticket

also, probably should have been ok under a sec8 defense although that would have cost more $$$ to defend.

 

edit: darn my lying eyes.

Edited October 14, 2014 by t-pain

[trichcycler]

Congrats Gage! Would love to hear more stories like this in the future!

 

So to my understanding, you don't have probation and the whole thing was thrown out? So you don't have the 7411 on your record? 

 

Also, would love to know the judge that threw your case out if possible! My family and I have had our own problems in the past and have a judge in our county that we would hope NO ONE ever has to go before!

 

Anyhow,,, thanks again for sharing your great news,, made my day

op's celebrating

 

I believe op bargained for the 7411, fines, costs, guilty plea. Judge allowed him to use cannabis while serving probation for the offense. 7411 remains on the record for life, and to my knowledge is near impossible to expunge sadly. no fed jobs for us folks eh.

[slipstar059]

It was in EGR not Grand Rapids. If Its the location I'm thinking of.

[Gage08]

Congrats Gage! Would love to hear more stories like this in the future!

 

So to my understanding, you don't have probation and the whole thing was thrown out? So you don't have the 7411 on your record? 

 

Also, would love to know the judge that threw your case out if possible! My family and I have had our own problems in the past and have a judge in our county that we would hope NO ONE ever has to go before!

 

Anyhow,,, thanks again for sharing your great news,, made my day

 

Yes. I have no probation. Was on probation for exactly 17 days. As for the 7411 Record, it is very interesting because on the discharge it says:

 

1.THE COURT FINDS all conditions of probahtion

[X] were successfully completed.

The interesting part.

IT IS ORDERED:

2. The defendent is discharged from probation supervision. Any unfulfilled financial. blah blah blah (Payed everything the day of sentencing)

The interesting part.

3. The plea of finding of guilt under the law.

No boxes are checked. Not even the 333.7411. What does this mean? If I was under reg probation isn't my licence suspended? Should I call the court?

 

 

Judge Sara Smolenski

op's celebrating

 

I believe op bargained for the 7411, fines, costs, guilty plea. Judge allowed him to use cannabis while serving probation for the offense. 7411 remains on the record for life, and to my knowledge is near impossible to expunge sadly. no fed jobs for us folks eh.

No was told I couldn't use while on 7411, but was given the oppertunity to get a letter to prove my medical needs for my MJ.

 

It was in EGR not Grand Rapids. If Its the location I'm thinking of.

It was in Caledonia. About 25ish minutes from Kentwood, Wyoming, 30 from Downtown GR.

Edited October 15, 2014 by Gage08

[t-pain]

you might want to get a background check done on yourself, i think you can do it on michigan website for $10? right here: https://apps.michigan.gov/ICHAT/Home.aspx

 

 

or call the SoS to make sure your license isnt suspended

 

better finding out sooner rather than later...

[Gage08]

Thats what i'm thinking too.

[t-pain]

just dont tell the SoS why you are calling the SoS.

 

say you wanted to know when your license expired or you were thinking about moving and wanted to make sure the license was still good etc.

[Habenero]

op's celebrating

 

I believe op bargained for the 7411, fines, costs, guilty plea. Judge allowed him to use cannabis while serving probation for the offense. 7411 remains on the record for life, and to my knowledge is near impossible to expunge sadly. no fed jobs for us folks eh.

7411 isn't a criminal conviction. So you don't have a criminal conviction on your record.

[trichcycler]

7411 is also known as a "deferral," which means, in a figurative manner of speaking, that a person, by arrangement with the Court, offers to plead guilty to a Drug Possession charge. The Court, by that same arrangement, essentially agrees to keep the whole charge and plea "secret." .

(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.

At the end of the Probationary term, the Court may simply "run" a person's record to make sure they haven't been picked up for any new charges, and dismiss the case, or the Court can require the person to appear, in person, at a Review Hearing. If the person has not had any trouble, the Court will fulfill it's promise and dismiss the whole case. If, on the other hand, the person "Violates" that probation (see my Web Page on Probation Violations, as well as my Blog Post on Probation Violations - Staying out of Jail for a more detailed explanation), the person will have to appear in Court. The Judge may (and very likely will), in addition to anything else, take the plea out of his or her desk drawer and send it in to the State Police so that it winds up on the person's Criminal Record.

 

Unless I am misreading, it seems anyone but the public can see you have a conviction, a drug conviction, and bargained for a 7411. They will need to know forever if you bargained this way or not, as it is a one time deal.  Not sure where the secret file is kept, but someone knows about it forever I think.

 

would like to hear form zap on this one?

[t-pain]

as grassmatch has said he pleaded to a 7411, i'm inclined to believe him.

 

hey grassmatch, when the govt asks if you 'were ever convicted of a crime' do you answer yes and say the 7411 or do you say no?

[trichcycler]

I would say no, and then play stoopit if challenged with an  

 

 "Oh yeah, that. I read on a marijuana forum that the 7411 did not stay on my record"

peace Habenero!

 

mine was also a misdemeanor, likely not to preclude me from any trash job I would ever consider.