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Old 08-29-2007, 10:38 AM   #8 (permalink)
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Re: Possession Ticket Question

Quote:
Originally Posted by Smoker Poker View Post
I hate to leech of this thread but I dont have enough posts to start my own thread...if someone would repost it as a new post under "court support" "Possesion Ticket Question" I would be very appreciative...Thank you.

My background:

In 2002, I was playing backyard football with my friends and in mid-tackle, my left leg lodged in the ground as my whole body rotated to the right...I heard a loud "Popping sound" in my left knee and immediatly hit the floor from the pain. I had never felt such extreme pain ever. I thought I broke something. After lying in pain for a couple minutes, my friends helped me up and i found I was able to walk on it. However, it was swelling up. Against my better judgment and due to my lack of funds or health insurance, i decided not to go to the hospital and wait it out...I placed ice and remained off the knee for rest of the day.

The next day I went to work(Law Office) and told the attorney about my accident and financial situation, He had a buddy who was a orthopedic surgeon at U.S.C, who would see me free of charge. The following day I presented to the surgeon who took x-rays of my knee and found nothing was broken. After examining my knee and hearing my story, he believed I had torn a ligament in my knee(ACL or meniscus) but would need an MRI to be done. He said it would be approximatly $1,200.00 for the MRI, and it the ligament was torn I would eventually need surgery. I told him I did not have the money nor did I want to pursue surgery at my age(21). I asked if I would be able to deal with it without the surgery, He expalained that my knee did not have much support and would slip out of place causing me extreme pain. however, since I was fairly young, I may be able to refrain from surgery and utilized physical therapy for rehabilitation(The bike Machine). I thanked him and told him I did not want an MRI and I would wait to see what happens.

Fast forward a couple years, I continued to live with the pain. (Daily paing usually occuring after walking for too long or in cold weather). I was only taking otc pain medications. During this time, I was also smoking marijuana and noticed when I was stoned the pain was non-existant. As such, I decided to get a marijuana recomendation from an independent doctor. (DR. ALBERT) I've had my recomendation(Chronic Left Knee Pain due to Torn Ligament) for a year and a half and have been very happy until last weekend.

ARREST AND TICKET

After leaving a clinic located in los angeles and after purchasing my meds.
(1 Oz of Master Kush and 8th of OG Kush) I was pulled over since an officer saw my expired tags, however he did not see my temporary red sticker on the left hand corner of my back window stating I had until September(9) to get a smog check. Two officers approached on both sides of the vehicle and the officer began explaining why he pulled me over. As he was speaking, he noticed the smell of marijuana(I had smoke a bowel in my car about four hours earlier) and asked me to step out of the car. I stepped out and he patted me down and cuffed me. He told me that he smelled weed and asked me what I had in the car. I immediatly told him that I had just picked up marijuana from a local clinic and told him I had my california physician recommendation. He told asked how much, and I told him exactly the quantity.

I was extremly honest, humble and unfront with the officers about my situation-(Smoking for pain, going to school, working at a law firm-trying to be good guy, No weapons or hard drugs in car, etc. etc. etc.)

He placed me in the back seat of the car and began searching my vehicle. They were unable to find the marijuana and I told them where it was. ( I was already cuffed inthe back seat and had told him the quantity earlier). I knew they would have just torn up my vehicle or called the dogs.

They said that since i had more than an ounce and they had no guidelines or instructions with regards to my medical recommendation, plus "my friend could of made it for me" I was being arrested for felony possession. However,i he was going to speak to his watch commanader about it

They took me down to the station, I stayed cuffed and was chained up to a bench while the officers talked to their supervisor. Approximatly one hour later, the officer told me that due to my attitude and behavior during the arrest they were going to charge with a misdemeanor(possesion over 28.5 grams) but I still needed to be processed. So I was transporte to Clark Central Jail where I as strip searched, booked, and placed in a cell. I immediatly called the bail review and requested an R.O.R. which I received approximatly eight hours later.

So now I have an upcoming court date and based on other stories I believe I will be asked to plead guilty and pay a fine plus community service or M.A. Meetings. I dont want a drug charge on my record but I dont know if my recommendation will hold up since I dont have any real medical records showing my torn ligament.

I am wondering if anyone has had a similar situation or what you would do if you were in my place.

Plead non guilty on the grounds of lawful possesion and face the max. charges of 6months in jail and/or $500 fine

or

Plea No contest, get a ticket, plus community service and/or M.A. Meetings with drug testing(no more marijuana)


Any help is greatly appreciated.
you have a valid medical recommendation, do not plead guilty. It has been determined that the courts can not take into account your condition for the recommendation only that you are a valid patient. Get a public defender if the DA doesnt just drop the charges and inform them that you want your dr. brought into court regarding your recommendation. Law says you are allowed to be in possesion of 8 ounces and you were well below that limit.
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