James Story Part 2

[bobandtorey]

Good luck today

 

 

Any one know what happen today ?

[JohnB RPh]

I'm from his area. Dennis Wiley hearing a drug case? His school system? Ye Gods. I fear it does not bode well for him.

[SirLongSmoke]

After seeing a couple school members; I'm shocked at what they didn't know about the Michigan medical marijuana act. It's like they were oblivious to what the laws upheld. I was surprised I didn't get asked about a drug test or anything detrimental to my character. I didn't give to much information to them, just what I had to. I kept explaining that I was "legally" doing this. They were astounded I wasn't taken to jail immediately after what took place. I don't think most people know how the justice system operates until you experience it. Or how a person not found guilty yet has an ultimatum of either sitting in jail until trial or having many restrictions. Even my constitutional right of "bearing arms" was taken away. I'm not guilty or innocent but in the eyes of the law I am guilty. Now dealing with curfews, 2 drug tests a week, cannot enter any place that serves alcohol, cannot consume alcohol, cannot use my medicinal cannabis or be a caregiver anymore, have any cannabis, and cannot leave the state.

The system is asinine and doesn't make sense. If you work you have to miss many days to do the drug tests and court dates, etc. It makes life very stressful and unmanageable sometimes. My wife and i's relationship and family life has suffered because of this. All for a plant that god graced us with to use. I mean I'm not a felon, just a farmer. I'm in the same category as a meth, crack and heroin dealer... REALLY?

DOES ANYONE HEAR ME?

[t-pain]

good idea to make a laminated copy of the MMMA and bring it with you to show people the actual law.

maybe some of them will read it and learn for themselves.

 

many people do not understand how corrupt our justice system is.

they hear the 'innocent until proven guilty' but judges place bond conditions guilty until proven innocent.

 

btw your lawyer maybe able to file motions or appeals to get you the use of cannabis back. remember the MMMA sec4 protects against any right or privledge from being denied...

[FranksHotPeppersAndMarijuana]

Correct me if I am wrong but section 4 protects against the denial of a right or privilege as long as you are following section 4.

[SirLongSmoke]

Yea your right.. I gave them a copy of the Michigan medical marijuana act. They sorta look dumbfounded at the sheet.

[t-pain]

Correct me if I am wrong but section 4 protects against the denial of a right or privilege as long as you are following section 4.

being charged does not nullify his card now, nor does it mean he relinquishes his card, rights or privledges.

 

that said, he should follow the judges orders while trying to get it appealed.

[FranksHotPeppersAndMarijuana]

Being charged gives the court jurisdiction over you and the power to subject you to bond conditions that take away liberties that you wouldn't enjoy if you were sitting in jail waiting for trial. You can't use marijuana in jail so the court has the power to not allow use if you are on bond.

[t-pain]

er nevermind.

Edited August 19, 2014 by t-pain

[SirLongSmoke]

I always questioned Dans ability in the courtroom just because I had never witnessed him in action. My fears are gone after today. He was so comfortable in his position. He even objected in the manner of the bailiff and others talking to loud distracting his ability to hear the officer as the witness. He presented himself in a very professional and positive manner. His question ability to the officer was beyond my expectations. The way he was "guided" in his abilities and manner really set the tone for the future ahead.

 

The most peculiar part was that the top of the fence really wasn't in question today. It was more about the structure of the fencing itself which I never imagined would come into play. It was based more in the direction of it not being secured. That's what I'm fighting as of now, it very well could change.

 

The judge even asked for the medical marijuana act itself which dan provided. He had not come across a case similar to mine before. He even took a brief recess to review it. I thought from the way he presented information that he would actually DROP the case but to my dismay that did not happen.

 

I now have to attend the next court date which is labeled "case conference" in early September. We will see where this leads!

Edited August 29, 2014 by SirLongSmoke

[t-pain]

yes, they want the fencing to be secured into the ground.

 

maybe you should ask the judge if you can fix it and then the charged will be dismissed and the court can avoid wasting its time. i mean, $200 plus some hard work is better than a protracted legal case , no ?

 

if the judge is sane, he will agree....

[SirLongSmoke]

The fence was secured in the ground by thick metal poundable posts. They were about every six feet. The prosecuting attorney mainly focused on the fact that an officer could stand on a downed tree and step over the fence onto a tree stump. Also that they were able to pull one of the posts out to gain entrance.

[GregS]

I always questioned Dans ability in the courtroom just because I had never witnessed him in action. My fears are gone after today. He was so comfortable in his position. He even objected in the manner of the bailiff and others talking to loud distracting his ability to hear the officer as the witness. He presented himself in a very professional and positive manner. His question ability to the officer was beyond my expectations. The way he was "guided" in his abilities and manner really set the tone for the future ahead.

 

The most peculiar part was that the top of the fence really wasn't in question today. It was more about the structure of the fencing itself which I never imagined would come into play. It was based more in the direction of it not being secured. That's what I'm fighting as of now, it very well could change.

 

The judge even asked for the medical marijuana act itself which dan provided. He had not come across a case similar to mine before. He even took a brief recess to review it. I thought from the way he presented information that he would actually DROP the case but to my dismay that did not happen.

 

I now have to attend the next court date which is labeled "case conference" in early September. We will see where this leads!

That can work well for you. Obviously hizzoner is taking a good look at the law. Others don't or don't care. You and your attorney will be permitted to make your case to lay out the facts that clearly favor you. If he wanted to continue the case without dismissing it and proceed from the bench, he would not be asking to meet more informally in conference. It is your prerogative to show your stuff as an educator and your attorney to demonstrate his acumen. Your profession is a matter of respect, and that is in your favor.

 

I predict the case will be dropped at the point of the conference or very soon afterward. You will do well. Smile big.

 

Congratulations.

[+Malamute]

Well, a conference is basically a meeting between the judge and the attorneys to agree on points of law pertaining to the case.

 

 Seems the Judge wants to make sure points are clear.

[bobandtorey]

Well, a conference is basically a meeting between the judge and the attorneys to agree on points of law pertaining to the case.

 

 Seems the Judge wants to make sure points are clear.

I agree and sometimes to talk over a plea deal

[Wild Bill]

The fence was secured in the ground by thick metal poundable posts. They were about every six feet. The prosecuting attorney mainly focused on the fact that an officer could stand on a downed tree and step over the fence onto a tree stump. Also that they were able to pull one of the posts out to gain entrance.

In other words, they had to break in. If it wasn't secure they could have just walked through an open door.

[ozzrokk]

Whats next? Will they cut a hole in the side of our houses to show how easy it is to gain access?

[bobandtorey]

Whats next? Will they cut a hole in the side of our houses to show how easy it is to gain access?

  

 

 

I agree this case isn't  about security it's about Cannabis growing outside 

[Willy]

The fence was secured in the ground by thick metal poundable posts. They were about every six feet. The prosecuting attorney mainly focused on the fact that an officer could stand on a downed tree and step over the fence onto a tree stump. Also that they were able to pull one of the posts out to gain entrance.

 To bad you didn't wire them posts into a 220v live wire .. now there's some security from climbing over...  police compounds are secure, there is no roof there!! Your lawyer might want to point that fact out..

 

Just put up a warning sign.. Danger High Voltage Security Fence

Edited August 30, 2014 by Willy

[bobandtorey]

Maybe but it also could get you another charge 

[MiMedical]

Maybe but it also could get you another charge

Well, attempted murder or manufacturing mj, I would take the attempted murder..

[Willy]

Well, attempted murder or manufacturing mj, I would take the attempted murder..

 

Right, you would get a better trial scenario...

Edited September 2, 2014 by Willy

[Wild Bill]

No roof here. Is this considered secure in the eyes of the courts?

 

[bobandtorey]

I agree this case isn't  about security it's about Cannabis growing outside 

[bobandtorey]

No roof here. Is this considered secure in the eyes of the courts?

 

 

 

 

 

Lol 

 

No cannabis growing their