| | #31 | ||
| Sprout Join Date: Aug 2004
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I'd have to say your best shot to me sounds like going into your room and looking around. if they were there to investigate something in your living room or anywhere else then they only had a right to investigate that, if they smell something or w.e they still do not have the right to walk around and check all your nooks and crannies. I'm not sure about where u live but I don't think that they can stop yu from entering your apartment. anyway, da to hear it's my biggest fear I would seriously **** in my pants. I got busted when i was 13 for b&e stupidest thing ever busted in broke some **** in 2 run down old cabins worst itme in my life i regret it so much. One good thing is yu've been busted for soemthing u believe is right, i got busted for being an idiot and i got nuthin out of it at all. to me pot is worth the risk. good luck man. | ||
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| | #32 | ||
| Novice Gardener Join Date: Jul 2004 Location: out in the cornfields
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![]() ![]() | In my experience, 1. An improperly obtained warrant won't survive a challenge by any decent lawyer- and this one'll get challenged. 2. It's up to the State's Attorney to decide if they even want to prosecute you, and they don't like to try cases they can lose. 3. Search & Siezure isn't something most judges want to mess around with- if all the "I"s aren't dotted, and the "T"s aren't crossed they'll throw it out right away. 4. It doesn't bode well for the authorities that, though they had a alleged felon in custody, they failed to make an arrest. I wouldn't sweat it too badly bro, but hell- it's the law, and anything can happen. One more thing though, if it does go to court, be careful with public defenders- they always have a massive, almost ridiculous caseload, and with only 20-30 minutes to prepare your case, they usually have to rely on a far more systemic approach to protecting your rights. They'll attempt to 'expidite' your case- you can bet your ass on that. Just make sure he/she has all the facts, and don't assume they'll know how the warrant was obtrained, or if they'll even care. Stay Cool, Keep You Mouth Shut, don't piss off the judge, and you'll probably get out of this with a wrist slap. Good Luck!
__________________ ĠřęěńŊįňĵă "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson | ||
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| | #33 | ||
| Jr. Gardener Join Date: Mar 2004 Location: South east tip of the US
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Sorry To hear about your trouble man. I would recommend getting a lawyer possibly look into legal defense through NORML, or one of the other "green" orginizations. NORML has a web page for getting help for these things. Also don't under estimate going sober for a while, and let the judge know you are going to meetings, working the program, etc etc... In my state they seriously lighten the sentance for these kind of offenses if you can show you have changed your ways (even if it is for a short time). I had one friend that got busted for growing and even did 60 day inpatient rehab, because it keeped him out of jail. GOOD LUCK MAN!! DP
__________________ FINISHED- Hydro DWC grow WW, Mazar, Nev Haze, PP/ w organic biobizz & fish water Great thread on search & siezure /prob cause Computer Automated HydroPonics "We Use Cannabis Religiously And You Can Too" "The first duty of a revolutionary is to get away with it." -Abbie Hoffman | ||
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| | #34 | ||
| Master Gardener ![]() Join Date: Aug 2002 Location: Northern Michigan
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![]() ![]() ![]() ![]() ![]() ![]() ![]() | Unfortunately, S2 is right (as usual) and this is going to be a tough warrant to crack. Your lawyer will examine the report very carefully and hopefully can argue with a straight face that they went BEYOND the scope of a reasonable inspcection and only discovered the grow because of this breach.... IMO your best bet is a guilty plea under 7411- if you can even get it. My advice is the same even if you get jail time as this would preserve your clean record and school grants. And hopefully you don't get S2 as the judge. ![]()
__________________ ____________________________________________ DISCLAIMER: I cannot give legal advice in my intoxicated state so anything stated here is my opinion only Legal thoughts should be verified by a local attorney before being relied on. Any talk of cultivation, consumption, or any other illegal activity is my imagination. My brother took the pictures. PATRIOT ACT and F.I.S.A.------Probable Cause and Search Warrants FIRST GROW JOURNAL-Unusual Busts and Close Calls-masking the noise di-methylnastystuff & tetragonnakillya-All other questions:Here "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man." Federal Judge Francis L. Young September 6, 1988. | ||
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| | #35 | ||
| Junior Gardener Join Date: Jan 2003 Location: Tangerine Sky
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![]() ![]() ![]() ![]() | well im back for a little bit. Spent a few hours in jail on tuesday as my warrent called me in. I go back to the prosicuters on 8-18 and im gonna try to plea 7411 and see if they will let me go with a misd marij possesion. My lawyer wants $3500 upfront and I cant afford that, so looks like court apointed att. for me ![]()
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| | #36 | ||
| Master Gardener ![]() Join Date: Aug 2002 Location: Northern Michigan
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![]() ![]() ![]() ![]() ![]() ![]() ![]() | I bet if you walk in with $1,500.00 cash he will take your case. ![]()
__________________ ____________________________________________ DISCLAIMER: I cannot give legal advice in my intoxicated state so anything stated here is my opinion only Legal thoughts should be verified by a local attorney before being relied on. Any talk of cultivation, consumption, or any other illegal activity is my imagination. My brother took the pictures. PATRIOT ACT and F.I.S.A.------Probable Cause and Search Warrants FIRST GROW JOURNAL-Unusual Busts and Close Calls-masking the noise di-methylnastystuff & tetragonnakillya-All other questions:Here "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man." Federal Judge Francis L. Young September 6, 1988. | ||
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| | #37 | |||
| Senior Gardener Join Date: Oct 2000 Location: Beside Myself
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![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Quote:
I can vouch for this. When my roommates had a warrant served on our apt (mind you, my name was NOT present on the warrant, they had no clue I lived there) and my room was searched. -unmentionable- and about a quarter of homegrown was confiscated. A felony and a misdemeanor on my part. My roommates had 3 other felonies and several misdemeanors (most of which i had no clue about... meaning they were hiding their activities from me). No one was arrested (they wanted INFO!) I went ahead and talked to a criminal atty. who knew the ropes in the college town and knew all the investigators. He wanted 1500. I walked in with 750. He took it as retainment. I never had to see him again luckily. Damn lawyers (no offense ganja!). He made off with 750 and did NONE of the work. I couldn't even get the focker to answer my calls. I ended up figuring out everything by talking with the investigator. Good luck city. I really hope it works out for you. Try not to lose sleep... I know I did for 4 weeks straight. One of the worst times in my life.
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| | #38 | ||
| Junior Gardener Join Date: Jan 2003 Location: Tangerine Sky
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![]() ![]() ![]() ![]() | Well I have not been sleeping real well, but thanks for the good karma guys. I go to my arraignment tomorrow morning with no laywer, will find out then about my public defender. Im hoping they offer me a plea tomorrow as I will most likely take it and run. Damn Indians out here smoking crack and ****, and I get raped by the system for 3 plants(1 maybe 2 females right) for personal use. I hate the system and never really realized why criminals complained so much about it, but now I can see. The system is messed up, and now I wish more people could see what I have been seeing. ABSOLUTLY REDICULOUS!
__________________ God Bless America | ||
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| | #39 | |||
| Master Gardener ![]() Join Date: Aug 2002 Location: Northern Michigan
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![]() ![]() ![]() ![]() ![]() ![]() ![]() | Good luck on the Arraignment. Usually you just stand mute and enter a not guilty plea and then get a court appointed lawyer assigned. Don't plea this case without a lawyer!!! BTW: Quote:
__________________ ____________________________________________ DISCLAIMER: I cannot give legal advice in my intoxicated state so anything stated here is my opinion only Legal thoughts should be verified by a local attorney before being relied on. Any talk of cultivation, consumption, or any other illegal activity is my imagination. My brother took the pictures. PATRIOT ACT and F.I.S.A.------Probable Cause and Search Warrants FIRST GROW JOURNAL-Unusual Busts and Close Calls-masking the noise di-methylnastystuff & tetragonnakillya-All other questions:Here "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man." Federal Judge Francis L. Young September 6, 1988. | |||
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| | #40 | ||
| Junior Gardener Join Date: Jan 2003 Location: Tangerine Sky
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![]() ![]() ![]() ![]() | my arraignment was pointless, all they did was tell me what I was being charged. I did get my court appointed att. but they are making me pay for it(why the hell would I want a cpa, if I have to pay for it??!?!?) Meet with him this Wednesday for the first time, then have my pre-exam Thursday. Ill have more details then. Im out of money, all my grow supplies, and weed cant smoke it now anyways because of my bond stipulations. anyone wanna help me out lol
__________________ God Bless America | ||
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