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Old 10-20-2006, 10:56 AM   #1 (permalink)
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1 lb of trim and my rec but still went to jail

i got pulled over in my diveway the other night with 1 lb of trim and my rec on me. the cops told me that since they did not know anything about perscriptions and since they could not prove that i did not have one of my friends write it, they needed to take me in for verification purposes. well after 7 hours and confusion on wether or not to book me as a felony. not only that but the gave me the worst possible charge/bail, with an 11359 felony possesion of marijuana 1 to 25 lbs with intent to distribute (20,00 dollar bail). what the fuck is wrong with this justice system?. sorry about that outburst but as you can probaly understand. well my question is if anybody knows any good low income or pro bono defense lawyers in la i could call because im broke after posting bail. any and all help is greatly aprreciated.
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Old 10-20-2006, 11:06 AM   #2 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

what the hell did you get pulled over in the driveway for(speeding)?shit homes i think youll be ok ,i have never heard of a law that make it illegal to posses ,while cruising you drive way!!sounds like the stuck it to you!! should of been "a mista meter" good luck D,A. will prob chuck it peace lab rat
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Old 10-20-2006, 11:08 AM   #3 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

your rec if in the LA area does not allow for over 8 oz even if it is trim

Quote:
Originally Posted by SumTingWong View Post
i got pulled over in my diveway the other night with 1 lb of trim and my rec on me. the cops told me that since they did not know anything about perscriptions and since they could not prove that i did not have one of my friends write it, they needed to take me in for verification purposes. well after 7 hours and confusion on wether or not to book me as a felony. not only that but the gave me the worst possible charge/bail, with an 11359 felony possesion of marijuana 1 to 25 lbs with intent to distribute (20,00 dollar bail). what the fuck is wrong with this justice system?. sorry about that outburst but as you can probaly understand. well my question is if anybody knows any good low income or pro bono defense lawyers in la i could call because im broke after posting bail. any and all help is greatly aprreciated.
 
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Old 10-20-2006, 11:18 AM   #4 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

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Originally Posted by TheCloneDepot View Post
your rec if in the LA area does not allow for over 8 oz even if it is trim
what about if your doctor says otherwise???? peace lab rat
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Old 10-20-2006, 11:21 AM   #5 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

whoa whoa whoa..... SumTing is definently Wong here.
Lets go down the line.

1. Where was the trim at? In your trunk? sitting right next to you?
2. Where you smoking in the car?
3. How and Why did they stop in the first place?

And last of all, dude your in your driveway. Get out the car, lock the doors and DONT CONSENT TO A SEARCH.

Last edited by kanabis kanser; 10-20-2006 at 12:04 PM.. Reason: Got a little excited. :)
 
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Old 10-20-2006, 11:40 AM   #6 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

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Originally Posted by kanabis kanser View Post

1. Where was the trim at? In your trunk? sitting right next to you?
2. Where you smoking in the car?
3. How and Why did they stop in the first place?
I would like to know the same thing...
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Old 10-20-2006, 12:19 PM   #7 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

How hard is it?..
Use The TRUNK..
Say No Officer I do not Consent to Search of my person or my Vehicle.
 
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Old 10-20-2006, 12:44 PM   #8 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

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Originally Posted by Kushcollective View Post
How hard is it?..
Use The TRUNK..
Say No Officer I do not Consent to Search of my person or my Vehicle.
Maybe theres more to the story than you know.... :D Thats all I can say on that one. I'll let him elaborate, but its not as cut n dry as it looks.


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Last edited by MMM420SoCal; 10-20-2006 at 12:50 PM..
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Old 10-20-2006, 08:01 PM   #9 (permalink)
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A Pound of Leaves? Not much of a Case.

Use Prop 36, the one-time Get-out-of-Jail-FREE Diversion.

In California, there is a thing called Diversion (Diversion from the Criminal Justice system). If you got caught with 20 Pounds of Buds (and heroin, and coke), you are "automatically" qualified to get Diverted (sort of like a one-year Probation). At the end of the time, your record is STILL clean.

When you arrive for your Arraignment, just tell the Judge that you want Diversion. If you've never used your Prop 36 Diversion before, then the Judge should just give it to you. It's your Right, to use it once.

You certainly do NOT need an Attorney to do this.

If the Judge (for some reason) denies your request, then ask the Judge to appoint the Public Defender to represent you (and she will get you Diversion). You can qualify for the PD even if you make a good living; and then you just pay a couple Hundred or so, after the case is decided.

Just to let you know, Juries are pretty liberal about Medical Marijuana patients. So (even if you don't qualify for Diversion ... which you should qualify for), a Jury may just find you Not Guilty anyway. The District Attorneys KNOW this, and are usually cooperative about not going to Trial on these "close" cases.


Also, it is possible that the District Attorney won't even charge you with a Crime at all. You can call the DA's office, and tell them that you are a valid Medical Marijuana patient, and ask them to NOT charge you at all. The fact that you had Leaves (which don't have much THC in them), MAY convince the DA that it would only (actually) be the equivalent of 2 Ounces of Pot.

Truly, don't be afraid to call the DA. They get calls from Med Pot patients frequently. AND, I personally know several people who have convinced the DA to NOT charge possession of 0ver-8-Ounces (even when it was all Buds).

If the DA doesn't file a charge against you, then, when you show up for your Arraignment, the Judge will say: "Case Dismissed."

The 8-Ounce thing is the MINIMUM that can be considered Illegal. On an Over-8-Ouncer, it is within the sole discretion of the DA to not bother to prosecute.
________________

After the case is resolved (by Diversion, or not charging, or Trial), you should ask the Judge to return 8 Ounces of the Leaves to you. You ARE entitled to possess 8 Ounces anyway.

Last edited by Solidly-here; 10-20-2006 at 08:09 PM..
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Old 10-20-2006, 08:21 PM   #10 (permalink)
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Re: A Pound of Leaves? Not much of a Case.

Hey SumTingWong...this dude is right on...

Call me brah.


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Old 11-22-2006, 02:25 PM   #11 (permalink)
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Re: A Pound of Leaves? Not much of a Case.

Quote:
Originally Posted by Solidly-here View Post
Use Prop 36, the one-time Get-out-of-Jail-FREE Diversion.

In California, there is a thing called Diversion (Diversion from the Criminal Justice system). If you got caught with 20 Pounds of Buds (and heroin, and coke), you are "automatically" qualified to get Diverted (sort of like a one-year Probation). At the end of the time, your record is STILL clean.

When you arrive for your Arraignment, just tell the Judge that you want Diversion. If you've never used your Prop 36 Diversion before, then the Judge should just give it to you. It's your Right, to use it once.

You certainly do NOT need an Attorney to do this.

If the Judge (for some reason) denies your request, then ask the Judge to appoint the Public Defender to represent you (and she will get you Diversion). You can qualify for the PD even if you make a good living; and then you just pay a couple Hundred or so, after the case is decided.

Just to let you know, Juries are pretty liberal about Medical Marijuana patients. So (even if you don't qualify for Diversion ... which you should qualify for), a Jury may just find you Not Guilty anyway. The District Attorneys KNOW this, and are usually cooperative about not going to Trial on these "close" cases.


Also, it is possible that the District Attorney won't even charge you with a Crime at all. You can call the DA's office, and tell them that you are a valid Medical Marijuana patient, and ask them to NOT charge you at all. The fact that you had Leaves (which don't have much THC in them), MAY convince the DA that it would only (actually) be the equivalent of 2 Ounces of Pot.

Truly, don't be afraid to call the DA. They get calls from Med Pot patients frequently. AND, I personally know several people who have convinced the DA to NOT charge possession of 0ver-8-Ounces (even when it was all Buds).

If the DA doesn't file a charge against you, then, when you show up for your Arraignment, the Judge will say: "Case Dismissed."

The 8-Ounce thing is the MINIMUM that can be considered Illegal. On an Over-8-Ouncer, it is within the sole discretion of the DA to not bother to prosecute.
________________

After the case is resolved (by Diversion, or not charging, or Trial), you should ask the Judge to return 8 Ounces of the Leaves to you. You ARE entitled to possess 8 Ounces anyway.

Prop 36 isn't just a one time thing. You can use it two times. This Prop allows first- and second-time nonviolent, drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration.
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Old 11-22-2006, 04:25 PM   #12 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

Seriously? Consult a lawyer. At least CALL the public defender's office in your county. Procedures may be different from county to county, and there may be some deadlines. Also, Rudy Reyes once told me that MM trim could be made into lotion that was very soothing for burns, but you needed a lot of it. If you had some bona fide specialized use for such a large amount I'd definitely let the lawyer know about that. Good luck to you. Let us know what happens.
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Old 11-22-2006, 05:00 PM   #13 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

Quote:
Originally Posted by labrat View Post
what the hell did you get pulled over in the driveway for(speeding)?shit homes i think youll be ok ,i have never heard of a law that make it illegal to posses ,while cruising you drive way!!sounds like the stuck it to you!! should of been "a mista meter" good luck D,A. will prob chuck it peace lab rat
Even in the driveway it doesnt help when the officer cant see you due to all the smoke in the car.


Its sux but a pound of trim/trash including stems is still considered like a pound of flowers.

Last edited by 420buzz; 11-22-2006 at 05:04 PM..
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Old 07-01-2007, 11:36 AM   #14 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

11362.77. (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.
(b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient' s medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.
(c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).
(d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.
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Old 07-01-2007, 11:46 AM   #15 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

Quote:
Originally Posted by Solidly-here View Post
Use Prop 36, the one-time Get-out-of-Jail-FREE Diversion.

In California, there is a thing called Diversion...
The problem with this is that they won't let you smoke pot while in diversion.

If you're racked for speed but you have a Dr. rec. They let you smoke.

If you got racked for pot, no matter what your rec status, they won't let you smoke it. And they test weekly.

-
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Old 07-02-2007, 02:10 PM   #16 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

Not all defendants convicted of a non-violent drug possession offense are eligible for probation and treatment under Prop 36. Subdivision (b) of section 1210.1 of the California Penal Code deems the following defendants ineligible for the program:

1. Any defendant who has been incarcerated within the last five years for a serious or violent felony offense.
2. Any defendant convicted in the same proceeding of a non-drug related misdemeanor or felony.
3. Any defendant who, during the commission of the offense, was in possession of a firearm and, at the same time, was either in possession of or under the influence of cocaine, heroin, methamphetamine or phencyclidine (PCP).
4. Any defendant who refuses treatment.
5. Any defendant who has two separate drug related convictions, has participated in Prop 36 twice before, and who is found by the court by clear and convincing evidence to be unamenable to any and all forms of available drug treatment. In such cases the defendant shall be sentenced to 30 days in jail.
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Old 07-02-2007, 02:12 PM   #17 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

Quote:
Originally Posted by j_herb View Post
Not all defendants convicted of a non-violent drug possession offense are eligible for probation and treatment under Prop 36. Subdivision (b) of section 1210.1 of the California Penal Code deems the following defendants ineligible for the program:

1. Any defendant who has been incarcerated within the last five years for a serious or violent felony offense.
2. Any defendant convicted in the same proceeding of a non-drug related misdemeanor or felony.
3. Any defendant who, during the commission of the offense, was in possession of a firearm and, at the same time, was either in possession of or under the influence of cocaine, heroin, methamphetamine or phencyclidine (PCP).
4. Any defendant who refuses treatment.
5. Any defendant who has two separate drug related convictions, has participated in Prop 36 twice before, and who is found by the court by clear and convincing evidence to be unamenable to any and all forms of available drug treatment. In such cases the defendant shall be sentenced to 30 days in jail.
so abuse vicodin or oxycontin and go to rehab everytime, abuse marijuana go to jail, makes sense.
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Old 07-02-2007, 09:30 PM   #18 (permalink)
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Re: 1 lb of trim and my rec but still went to jail

I met my first crack, coke, meth and heroin addicts not when they sent me to jail for possession of paraphernalia in PA, but when I was remanded to outpatient rehab (N.A.).
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