Illegal / Improper Transportation Of Meds

[t-pain]

if the prosecutor drops charges then there will be no arraignment/court.

 

so if you make a plea agreement, then you get to arraignment court. the judge will read the charge. if the prosecutor says the charges are dropped/changed to a ticket, then the judge will read those. if the judge asks if you plead guilty to obstruction of traffic... then ask what the fines/jail is, and if its ok with you to pay those fines, say you plead guilty. if the judge says improper transport then no plea deal exists and you should say not guilty. if he only says "do you plead guilty to these charges" ask him to read the charges! heh

 

the judge can ignore prosecutor's recommendations for lighter sentence of a crime. so say the prosecutor offers you only $1 fine and no jail for improper transport. well the judge can say forget that and you get the 93 days in jail and $500 fine.

 

but the judge cannot change prosecutors crime charges themself, i dont think. something like that.

so if the prosecutor says only crime is obstruction, then the judge cant add whatever crime he wants. get it ? just make sure you know the maximum penalty for whatever crimes/tickets you plead guilty to. you could trade 1 misdemeanor for another...

 

if the judge reads off improper transport as the crime, thats the best time to give the judge those papers, to show that the law is unconstitutional because it could keep you out of more court. consider getting a ride to the court house because if they do bind you over for trial, they may arrest you and tow your car...

 

well this is not legal advice. i could be wrong. read a book on court instead of asking people on the internet.

[Wild Bill]

When pleading guilty they don't normally ask are you guilty or not guilty. The usual procedure is to have you state in open court, "On Nov. 22, 1963 I shot my rifle three times from the window of the School Book Depository."

 

That way there is no dispute as to the nature of the crime you are pleading guilty to.

[potentialpotpotentate]

I got a public defender, presented him with copies of the dismissals from Curdrado, Porter and Barber,

along with the MMMA act. Several of the dimissals cover art. 4 sec. 25 of the constitution and clearly

state the unconstitutionality of the 2012 act.

 

Hurry up and wait I suppose. I have tentative dates next month....

if you all don't hear back late Sept, you can imagine....

[+Malamute]

please update us(me) and please do a followup with your public defender in a couple weeks to make sure he/she is ON it. 

[GregS]

When pleading guilty they don't normally ask are you guilty or not guilty. The usual procedure is to have you state in open court, "On Nov. 22, 1963 I shot my rifle three times from the window of the School Book Depository."

 

That way there is no dispute as to the nature of the crime you are pleading guilty to.

If you remember it, you weren't really there.

[potentialpotpotentate]

well, the PD told me the prosecutor thought I had a pretty good case ( thanks to all my bro's providing the reference cases

up here!), Except, per the PD:  the mmma of 2008 does not cover 'concentrates', so even though I didn't have a concentrate, it was a dliute topical, they were going to try me with posession. It was going to drag on well into the winter, being out of PR bail and

risking having to drop pee for any LEO that could pull me over, I plead guilty to the misdemeanor and paid $500, no jail time.

 

Moral of the story: don't smell, keep it locked up, get a haircut and car that won't get you flagged.

 

Thanks for all the help guys,  we'll see about this new forthcoming modification of the act, will we be getting 'manifest sheets' for

inventory and transportation controls directly from LARA? or can we write out the details on XXL zig-zags? ; )

 

keep it light ya'll. I love yous guys.

[trichcycler]

I once read of a patient who also possessed a dilute topical. The process and ingredients rendered the mixture poisonous for use and the charge was dismissed. reminded me of that defense. Glad you got out of their, its a bad place to be usually. It sucks about the hair cut, and the car make/model/year stuff, but you are spot on. We're left with the patients who have more money to defend themselves against the tyranny and hope the courts favor patients under doctor care more than over zealous police officers with their opinions.

travel safely

[Restorium2]

In my opinion; If you have to conform for law enforcement in terms of hair style and odor of cannabis, which happens to have been sold as a perfume on the open market for decades, we have lost some valuable rights that we are guaranteed under The Constitution of the United States. I'm going to act as if The Constitution is alive and well, grow my hair the way I want it and smell like pot all day long. It works for me, what else can I say? LOL If it aint broke don't fix it.

[garyfisher]

They can't get you for a DMSO preparation containing cannabis flowers.  You are allowed to have that.

Stop taking Plea deals people!  Don't give them money!

Edited October 7, 2015 by garyfisher

[Restorium2]

How does one of these pigs act if you say they smell like bacon? Treat others as you would want to be treated yourself. Give others respect, including their hair and smell, and you will get respect. Until then you will have a lot of trouble with folks that are much worse actors than cannabis users. Straighten up your act law enforcement or continue to be treated as you treat others. 

[imiubu]

I agree resto.  I remember a time when we were told to not wear our tie dye to rallies etc too.

I get why the OP said it of course but conforming has never lead us where we want to go.

 

I do however agree 100% with the notion of keeping your transport up to par.  Making sure

lights work, have proper plates of course.  Loud mufflers do draw negative attention.

 

@ the OP Sorry you had to take a plea but each of us do what we must. I am just glad it is over for you.

[Wild Bill]

Be happy! You had a run in with violent gangsters, kidnappers and extortionists, and got away losing only $500 and a few nights sleep.

[garyfisher]

I agree resto.  I remember a time when we were told to not wear our tie dye to rallies etc too.

I get why the OP said it of course but conforming has never lead us where we want to go.

 

I do however agree 100% with the notion of keeping your transport up to par.  Making sure

lights work, have proper plates of course.  Loud mufflers do draw negative attention.

 

@ the OP Sorry you had to take a plea but each of us do what we must. I am just glad it is over for you.

thats how mayor herb pickd up a transport charge.

[Highlander]

thats how mayor herb pickd up a transport charge.

 

Cops will look for any reason to pull you over.  I remember about 15 years ago, the cops in the Village of Goodrich (Genesee County) wanted the village to approve funds for a drug dog.  They said something like 40% of people on the road driving after midnight have illegal drugs in the car.  So they wanted to find any reason to pull a person over and then escalate it in hopes of finding drugs and then invoke asset forfeiture.

 

I got pulled over one night in Flint Township about 5-6 years ago.  The cop said there was a crack in my taillight lens and he could see white light.  At the time, I had a bunch of hydro equipment in my back seat and a small bag of MJ.  I slipped my DL, insurance, and registration through a small opening in my window.  It was a cold night, so I didn't want to put my window down - yeah, that's why, LOL.

 

He went back to his car for a few minutes and handed my papers back.  I asked him it he thought LEOs would leave me alone if I simply got some red tape to patch the light.  He said, "don't worry about it, I'm just looking for people with guns and drugs and stuff."

[AbominableDro-Man]

These types of things should be no brainers though, making sure you don't stick out like a sore thumb should sort of be on that list of things to do.

[bobandtorey]

Sore Thumb 

 

 

Edited October 8, 2015 by bobandtorey