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James Story Part 2


SirLongSmoke

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The results of the case were giving to me today, as far as the arraignment goes. From what I understand I will be charged with a felony conviction of manufacturing marijuana tied along with delivery and the intent to distribute. The maximum sentence for this is 5 years in prison and $20,000 in fines. As I stated before I have never been convicted of any crime besides a minor in possession of alcohol long ago as a youngster.

 

The judge I saw today was Dennis Wiley of Niles. Dan (my lawyer) did an excellent job of guiding me through the process. He has done many good things for me. His drive really flows positive through my situation. I had to post bond and now have many restrictions on what I can and cannot do. I have a curfew, cannot enter any place that serves alcohol or be around anyone consuming, cannot be a caregiver, posse any medicinal, etc.

 

All these requirements for someone who is not proven guilty makes me think the system is backwards, such as guilty until proven innocent. I have the next court date on the 21st. This is classified as the preliminary exam. From people I have conversed with, this is where they will ask me to plea for a lessor offense, but I am not sure. Dan will update me tomorrow with further details.

 

The next date I have on my information sheet is the 22nd for the exam.... Can anyone give me information on what this actually means? What does that entail? Any info will be greatly appreciated. Like I stated I will be updated with more information tomorrow.

 

When I know more so will you!

 

SirLongSmoke

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Now that I have to send in the paperwork to the school I work at, I'm preparing for the worst. I will be stuck tied down in the system. Even if I do somehow beat the beast of the injustice system I will still have strings of stigma tied in every direction. Does anyone truly care?

 

After talking to Bob ( fellow member) my heart is truly heavy. They had to deal with so much more. It made me want raise my middle fingers to the courts.

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oh yeah, that middle school teacher that got his mmj charges dismissed but was found guilty because he didnt notify the school of his arrest.

 

totally forgot about that.

http://www.mlive.com/news/kalamazoo/index.ssf/2014/02/scot_granke_former_paw_paw_tea.html

 

In January, the drug and weapon charges were dropped and Granke pleaded guilty to being a school employee who failed to report a felony arrest to his employer, a high-court misdemeanor.

 

Under Michigan law, school employees are required to self-report a criminal arraignment on any felony charges within three business days. Granke said Paw Paw learned about the felony charges from the media.

Granke resigned from his Paw Paw teaching job in December. He said he is now looking for work.

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see, the MMMA protects confidentiality. so if any newspapers report your name and your status as a patient, you should contact them and let them know they have broken the michgan law on confidentiality.

 

 

(h) The following confidentiality rules shall apply:

(1) Subject to subdivisions (3) and (4), applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.

(2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Except as provided in subdivisions (3) and (4), individual names and other identifying information on the list are confidential and are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.

(4) A person, including an employee, contractor, or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1,000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

 

 

 

many people dont know about this law. i think only a few have exercized their rights by having court cases sealed, injunctions in the media etc. you can sue the newspaper and get some funds for your legal defense maybe.

 

in theory we should never see any medical marijuana names in newspapers.

you should ask Dan what he thinks of the confidentiality clause and if he will file a motion to seal the case.

Edited by t-pain
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see, the MMMA protects confidentiality. so if any newspapers report your name and your status as a patient, you should contact them and let them know they have broken the michgan law on confidentiality.

 

 

(h) The following confidentiality rules shall apply:

 

(1) Subject to subdivisions (3) and (4), applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.

 

(2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Except as provided in subdivisions (3) and (4), individual names and other identifying information on the list are confidential and are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

(3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.

 

(4) A person, including an employee, contractor, or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1,000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

 

 

 

many people dont know about this law. i think only a few have exercized their rights by having court cases sealed, injunctions in the media etc. you can sue the newspaper and get some funds for your legal defense maybe.

 

in theory we should never see any medical marijuana names in newspapers.

you should ask Dan what he thinks of the confidentiality clause and if he will file a motion to seal the case.

Dan and I discussed getting a motion for immunity. It was not granted. That's why I have to inform school.

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There are a couple of things that need to be considered, given some of the comments here.

 

When charged with a crime, that is a public record.  The privacy issue does not apply, especially if it is mentioned in open court.  So don't think about suing under the MMMA, it is a waste of time.

 

Second, when you are arrested, you go to jail.  IF you are given the courtesy of not having to sit in the slam until your trial, there may be conditions.  They are optional, you can always sit in jail.

 

I'm glad you went with Dan, he is a friend and will do a good job for you.  Good luck with your case and tell Dan to contact me if he needs anything.

 

Dr. Bob

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Sorry to hear the mess Sirlongsmoke.

 

Once you finish dealing with this court/jail/money headache stuff;  you will understand why many of us fight so hard to tell patients and caregivers to be sooooooo careful and follow retarded restrictions and excessively use caution and privacy when participating in this program.  So many give us crap about helping people be careful and stay out of the courts,.... but the reason we do it is because we have been there.

 

Keep it Secret. Keep it Safe.

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There are a couple of things that need to be considered, given some of the comments here.

 

When charged with a crime, that is a public record. The privacy issue does not apply, especially if it is mentioned in open court. So don't think about suing under the MMMA, it is a waste of time.

 

Second, when you are arrested, you go to jail. IF you are given the courtesy of not having to sit in the slam until your trial, there may be conditions. They are optional, you can always sit in jail.

 

I'm glad you went with Dan, he is a friend and will do a good job for you. Good luck with your case and tell Dan to contact me if he needs anything.

 

Dr. Bob

That courtesy doctor bob is an ultimatum. Either sit in jail or have these conditions. How is that constitutional? I haven't been convicted yet but my freedoms are taken. So therefore I'm guilty until proven innocent.

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You should discuss with Dan.  He can request a motion to allow you to use it, and explain to you why they can do what they did.  Not trying to make you feel bad, but you have to understand the way the system works is the way it works.  It doesn't always make sense or seem fair.  The other thing is that just because you are right doesn't mean the court will rule your way.  It is just another reason that it is always best to stay out of the court system by strictly following section 4.  Once you are there you have to deal with the expense and headache of section 8, but it is never a good idea to rely on section 8 saving you if you have the option of complying with section 4 prior to getting arrested.  Hopefully things will turn out well for you

 

Dr. Bob

Edited by Dr. Bob
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bob playing lawyer again :hair:

Perhaps if you had taken the time to read the post instead of trying to discount it you would have clearly seen I asked him to discuss it with his lawyer, Dan Grow.  Unless of course you actually have a real retort to the accuracy of anything I've said.  Otherwise, you are nothing more that a hater in the peanut gallery out to try and discount people rather than their information or ideas.

 

On a personal note Imiubu, perhaps if you were not more interested in mocking those that actually know what they are talking about you may learn something from from they say.  But somehow I don't think accurate information is something you value if you don't like the source.

 

 

 

Dr. Bob

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No, actually it is just saying it like it is.  Now run along and tell everyone about your contract and promote unregistered caregivers.  I notice you have avoided the thread about the 'unregistered patient' that is currently in a nightmare of a section 8.  I would think you would be all over that telling him why he isn't in court because he has a great case...

 

Have yourself a great day.

 

Dr. Bob

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So therefore I'm guilty until proven innocent.

tell me you didn't actually believe differently? Its interesting how thousands of people are guilty till proven innocent, but we try hard not to think of the injustices imposed upon our brothers and sisters, until of course, it's at our own front door. I am sorry the wool has been removed from the eyes of you and your family. The vision is scary, and true. I hope for the best for you and yours, and trust the experience will be game changer in your life.

 

peace

Edited by grassmatch
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Fifty-three percent of all felony defendants in the U.S. remain in jail the entire time leading up to their trials due to lack of funds for even seemingly small financial bonds, according to the Pretrial Justice Institute a national nonprofit organization focused on pretrial research and education. The most common reason someone is held in jail pretrial is money—the inability to pay their monetary bail bond, according to PJI.

 

 

The maxim, Innocent until proven guilty, has had a good run in the twentieth century. The United Nations incorporated the principle in its Declaration of Human Rights in 1948 under article eleven, section one. The maxim also found a place in the European Convention for the Protection of Human Rights in 1953 [as article 6, section 2] and was incorporated into the United Nations International Covenant on Civil and Political Rights [as article 14, section 2]. This was a satisfying development for Americans because there are few maxims that have a greater resonance in Anglo-American, common law jurisprudence. The Anglo-American reverence for the maxim does pose an interesting conundrum: it cannot be found in Magna Carta, the English Bill of Rights of 1689, the Declaration of Independence, or in the Constitution of the United States; and not, I might add, in the works of the great English jurists, Bracton, Coke, and Blackstone. Nevertheless, some scholars have claimed that the maxim has been firmly embedded in English jurisprudence since earliest times. http://faculty.cua.edu/pennington/Law508/InnocentGuilty.htm

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No, actually it is just saying it like it is.  Now run along and tell everyone about your contract and promote unregistered caregivers.  I notice you have avoided the thread about the 'unregistered patient' that is currently in a nightmare of a section 8.  I would think you would be all over that telling him why he isn't in court because he has a great case...

 

Have yourself a great day.

 

Dr. Bob

You are a fool. But we already knew that.

Edited by GregS
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In the face of scrutiny, I wait. Meeting with the school today has me nervous about my future. What will happen? How will they react? Will they understand? As I prepare myself for the worst, I always keep peace within my heart. The Lord guides me and whatever I'm faced with; I know he will be there. Always keep looking up and always keep him near. Thanks for everyone's support through this. I will let you know when I do!

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