[makaveli79613]

talk about a shitty day yesterday, went to north hollywood to NC to pick up my meds and as im leaving a cop pulls up next to me at the stop light, i have all my windows up and my meds still perfectly sealed in the original bag. the light turns green and he gets behind me and flashes his lights. comes up to the window and first thing he says is do you have any narcotics in the car blah blah, so i show him my meds and my medical license and just because i had 4 ounces he arrested me and took me to north hollywood station where i was detained for about an hour then i was transferred to van nuys jail and charged with possession of marijuana for sale. when i had no scale, no baggies or anything of that nature. my bail was set for 20,000 and i was bailed out for 1,600 thanks to acme bail bonds and my pops lol. court date is set for march 5th. do i have anything to worry about?

Sorry to hear of your troubles. I think you may have better luck in the future though if you don't assume that police actually follow the laws that they are sworn to enforce.

For example, most cops could give a shit about your med license. Even if it does turn out to be legit they'd still rather just shit on your day for spite...meaning, they will do exactly what they did to you.

When a cop asks whether or not you have anything 'illegal' in your car the answer should ALWAYS be "No sir, am I free to go now?" Even if you did and you fessed up....COPS ARE NOT YOUR FRIENDS and they aren't going to let you off easier if you make it easier for them to put handcuffs on you. This is a perfect example of that.

Again, sorry to hear about what happened and I wish you the best. I do hope that some folks can learn from your experience though.

EDIT: Do you have anything to worry about? Depends on what worries you. If you're talking about incarceration...not likely...for some reason though the 'cruel and unusual' part of the constitution doesn't seem to apply to monetary penalties so expect to have your wallet raped.

[STEVE-O]

So Very Sorry To Hear About Your Arrest Bruddah - But...... You Should Most Def Take A Look At The Asa Legal Tips That Specifically Tell You How To Interact With Leos. You Did Make A Few Big Mistakes In Being So Forthcoming With Info. If You Did Not Consent To A Search, I Dont Believe They Had Probable Cause. Never Consent To A Search.
1. I Do Not Consent To A Search
2. I Wish To Remain Silent
3. I Would Like An Attorney
The Less You Say-the Better Off You Are. Leos Are Not Our Friends.

Good Luck, I'll Be Prayin For Ya!!

Steve-o

[Misanthropy]

Originally Posted by makaveli79613

talk about a shitty day yesterday, went to north hollywood to NC to pick up my meds and as im leaving a cop pulls up next to me at the stop light, i have all my windows up and my meds still perfectly sealed in the original bag. the light turns green and he gets behind me and flashes his lights. comes up to the window and first thing he says is do you have any narcotics in the car blah blah, so i show him my meds and my medical license and just because i had 4 ounces he arrested me and took me to north hollywood station where i was detained for about an hour then i was transferred to van nuys jail and charged with possession of marijuana for sale. when i had no scale, no baggies or anything of that nature. my bail was set for 20,000 and i was bailed out for 1,600 thanks to acme bail bonds and my pops lol. court date is set for march 5th. do i have anything to worry about?

Man that sucks. Cops are freaking jerks. They don't follow the laws that the people have voted for. They don't respect the citizens.

[organicali]

Originally Posted by makaveli79613

talk about a shitty day yesterday, went to north hollywood to NC to pick up my meds and as im leaving a cop pulls up next to me at the stop light, i have all my windows up and my meds still perfectly sealed in the original bag. the light turns green and he gets behind me and flashes his lights. comes up to the window and first thing he says is do you have any narcotics in the car blah blah, so i show him my meds and my medical license and just because i had 4 ounces he arrested me and took me to north hollywood station where i was detained for about an hour then i was transferred to van nuys jail and charged with possession of marijuana for sale. when i had no scale, no baggies or anything of that nature. my bail was set for 20,000 and i was bailed out for 1,600 thanks to acme bail bonds and my pops lol. court date is set for march 5th. do i have anything to worry about?

That sucks!All i can say is that hollywood p.d has a rep for watching dispensaries and busting people as they leave.Pretty sketchy and low. They also work with the d.e.a on occassion too.All and all i would stray away from hollyweird.

[trojanfan]

Sorry to hear about that, that fucking sucks. Any chance your meds will be returned after the court sees the rec? Keep your head bro, and get a good attorney.

[twitchee3]

sorry to hear about your ordeal.

get an attorney, and expect to hurt in the bank.......above is true, cops don't care about YOU, they make it up as they go because every case is different. so you gotta follow advice and watch your back when your talking to them, jails no place to be for a PLANT!!

truth is, smell of marijuana CAN BE USED by CA LEO's as probable cause to search a vehicle without consent, including the car, trunk, and anything within. it's happened to me twice, and they'll do it to you if they see fit. my lawyer and i are still awaiting to see if their actions were "legal," however i've already spent several nights in jail thinking about it..........

end prohibition

peace

[squatter420]

Don't forget the part, "..If you can't afford an attorney one will be provided to you..." bit. Let the State pay for your defense and guide them to ASA and they will help you make sure that lawyer is up to speed on CA MMJ law. Then sue the cop/City for your losses.

[HappaGuy]

Originally Posted by squatter420

Don't forget the part, "..If you can't afford an attorney one will be provided to you..." bit. Let the State pay for your defense and guide them to ASA and they will help you make sure that lawyer is up to speed on CA MMJ law. Then sue the cop/City for your losses.

Squatter, with great respect, I must differ.

IMHO it is crucial for makaveli79613 here to ask his question "do I have anything to worry about?" to a competent attorney ASAP.

Did the courts and the public defender system work as intended, 420, you would be quite correct.

But in my bitter experience, public defenders are overworked, underfunded, and inclined to a cynicism foisted upon them by a dysfunctional justice system. They show up to help with the justice system and end up as functionaries of a system of criminal injustice.

So, public defenders don't do anything like the job otherwise reasonably expected of them.

When I was first popped I was held over the weekend and saw the judge on Monday morning, at which time in court before the judge I was introduced to my public defender, who reviewed my case in the minute or so before the judge called the court to order.

Fortunately, I was right, and the judge saw that. I asked the judge if I might be allowed to say something - about how sorely my accuser had abused the TRO law for a personal agenda, by alleging that my initially agreed use of marijuana in our shared lodgings posed to him a threat of imminent bodily harm at my hands, y'know 'reefer madness" - but the judge kindly advised me "shut up, you are winning".

I was at last released but it's not as if the public defender even learned my name but by reading it once or twice.

Based on that experience, I fear it would be a disservice to suggest that our friend here rely on his public defender at all, much less having time to coordinate with ASA.

Get a lawyer now and prepare please.

Arrest is kidnapping. Prosecution is punishment. Our justice system is a criminal system of injustice that punishes the innocent along with the guilty.

[hpjunkie]

that's messed up man, hope all goes well for you. if a "pig" ever asks me anything. I will ask if I commited an infraction. If not, then could I please call my lawyer b4 we go any further.

BTW...pig is reffered to all the dirty cops, because there are also very cool cops, and those are not pigs

[AliceinBudland]

I sincerely hope you have nothing to worry about. From one who has no faith in our judicial system, I hope and pray that justice will prevail in your case. Makes me mad that you were open, honest with the cop and you weren't even respected for that.
Take Care.. I wish you well..
Much Love,
Alice

[Illspawn]

Here is a PDF file written for Defending a Medical Marijuana Patient / Caregiver in Court..
A Must Read

[Greenbud]

Contact ASA asap, and they will steer you to an atty that handles these kinds of cases.

I understand that the MMJ laws allow for transportation of your medicine in that amount. Four OZ's is a QP and that is still within the legal limits.

Since it's being kept in property as evidence, you can actually have the court return the meds back to you, assuming your cleared of the charges. There is ample precedent on this.

If your recommendation was legit at time of arrest and your doc is licensed to practice, the DA will likely not file charges when they are presented for filing consideration.

Get a good atty that knows the ins and outs.

Good luck.

[makaveli79613]

thank you everyone has replied, not to mention the cop kept my doctors rec. so i have to go back to my docs office and get a reprint for 20 bucks! i really hope i can get my meds back or my money! dam PIGS!

[xxjane42oxx]

they pulled over my h0mie 4 about da same bullshit...except he didnt have as much bud as u so his punishment wasnt as severe but if ur plannin on tellin the judge dat u have a medical license then u better bring ur doctor in with you on ur court date.... my homie was gonna tell the judge the exact same thing and the judge was being a dick and wouldn't except his perscription (medical license) as sufficient evidence for a being a medical marijuana patient and that he shouldv'e brought his doctor in 2 court with him if he wanted the case to be dismissed... so hit up dat doc kuz i think this is a g00d enough excuse 4 him 2 miss work 4 a couple of hours haha

[squatter420]

Originally Posted by HappaGuy

Squatter, with great respect, I must differ.

IMHO it is crucial for makaveli79613 here to ask his question "do I have anything to worry about?" to a competent attorney ASAP.

Did the courts and the public defender system work as intended, 420, you would be quite correct.

But in my bitter experience, public defenders are overworked, underfunded, and inclined to a cynicism foisted upon them by a dysfunctional justice system. They show up to help with the justice system and end up as functionaries of a system of criminal injustice.

So, public defenders don't do anything like the job otherwise reasonably expected of them.

When I was first popped I was held over the weekend and saw the judge on Monday morning, at which time in court before the judge I was introduced to my public defender, who reviewed my case in the minute or so before the judge called the court to order.

Fortunately, I was right, and the judge saw that. I asked the judge if I might be allowed to say something - about how sorely my accuser had abused the TRO law for a personal agenda, by alleging that my initially agreed use of marijuana in our shared lodgings posed to him a threat of imminent bodily harm at my hands, y'know 'reefer madness" - but the judge kindly advised me "shut up, you are winning".

I was at last released but it's not as if the public defender even learned my name but by reading it once or twice.

Based on that experience, I fear it would be a disservice to suggest that our friend here rely on his public defender at all, much less having time to coordinate with ASA.

Get a lawyer now and prepare please.

Arrest is kidnapping. Prosecution is punishment. Our justice system is a criminal system of injustice that punishes the innocent along with the guilty.

You are correct that the Public Defenders offices around the State of Ca are often over burdened and under funded. I can usually get them to work for me but it is likely due to my experience level and tenacity, which is not normal for most others. I use every encounter with the unjustice system to extract my pound of flesh and leave a permanent mark of my having passed through it. Cost is one of the factors they use to gage effectiveness of various enforcement efforts. Drive up the cost associated with a MMJ bust and the resources may be directed elsewhere.

If my ducks were in a row and I had money, I'd ask for a summary judgment or a trial before just the judge, no jury with a PD. If I were convicted and had a "clean facts" case, I'd appeal using the Felix Kha case, http://www.safeaccessnow.org/article.php?id=5251 as precedent. I would also file a civil case against the cop and City. The criminal trial and appeal is just an attempt to drive up the eventual payout on the civil case.

My advice is to always be as vicious as you can possibly be when in a courtroom situation. Go after them with everything you can, offer no quarter as none will be shown you. File complaints with the BAR for any infraction by opposing counsel. If your own lawyers aren't exasperated with you, you probably haven't pushed hard enough. Fuck collegiality. Destroy the opposition and take their earning power and careers if you can. Make them pay so they never forget and bother another patient ever again.

[Lucas Jackson]

I would start here....
http://www.safeaccessnow.org/article...=type&type=313

[bigbuffalo]

Damn What a burn! The cop was probabaly trying to make a quota, when they bust people for intent to sell they always exaggerate because they get commendations,pats on the back, raise, benefits, and sometimes more funding. Don't worry as long as your doctor is not in any trouble, which shouldn't matter, the cops won't get away with it. You can even motion for return of medicine, or reimbursement. However, its gonna be your word against his but like you said you had no scale, Which i went to court for before for 2.5 grams and a scale, my defense was medical necessity and that my meds were differnt indica and sativas and i needed to portion out my dosage per doctors orders, and they said ok case dissmissed. I recently had UC merced police department came in to my dorm, someone else let them in, and they tried to open a locked droor which i said "i do not consent to a search" you can't search a locked droor without a warrant even with probable cause, they then went to my refrigerator and took my edibles. The first thing they said after i showed them my dr.'s rec, " Uhh we're federally funded" and i said "That doesn't mean you are federal officers" Than they said " Uhh i gotta step out and speak with my supervisor. Then they came back " Yeah since you dr.s office is in los angeles (btw my doctor is william s. eidelman) your not protected here" Then i said " It is california health and safety code 111362.5 not los angeles h&s." They basically kept making excuses which is sketchy as hell, they just wanted to jack my edibles, fucking pigs. Merced county was also part of a class action suit joined with San Diego, and San Bernandino to sue California over medical marijuana laws and protesting implementing county id cards. Asholes who the fuck do they think they are. They of course lost the suit and now Merced county offers id cards now. The judge in the law suit case against california stated that the state mmj did NOT conflict with federal law because there is nothing that prevents federal enforcement from stepping in. So everyone stay out of Merced if possible. I am still fighting my case. I am motioning for illegal search and seisure, and medical neccesity defense. They are trying to subvert state law even and disregard my dr.s rec saying they "dont believe in that here" even though they have county id cards. I am facing 100 $ fine and 20 hrs community service. Even though for possesion of less than an ounce penalty is a maximum of a fine NOT any community service, i also was kicked out of UC merced for the incident. Merced county has no respect or believe in medical marijuana. BTW the cops ARE NOT ALLOWED TO KEEP THE DR.s REC or ID Card even merced county police must photo copy the recomendation i am sure that if they follow that much that no ho police department. You can sue for violation of privacy for them keeping your rec because there is a medical act known as Weepa or Feepa something around that sound that secures medical privacy and strict punishments for those that violate it. I have a friend also where the cops near pepperdyne as they were pulling him over and he showed his dr.s rec, they pulled out another patients actual ID card which with the CLinic CARd hence deriving the name where its name comes from the cops and courts HAVE to honor id cards no matter what which is supposed to prevent arrest and confiscation of medicine even though sb420 extended the rights of even recomendations that the rec can prevent arrest if the cop decides not to arrest or cite etc sorry for the tangent point it . The cop took out an 8th of banana kush in the medically labeled canister, and the other patients id card and said " haha look what i got, your little cards and letters dont mean shit, why are trying to screw up your education blah blah fucking stubborn ass shady pig any way my friend is filing a suit against the cop. So don't worry you were under the mmj legal limit is 8 oz half a pound and you only had 4 oz quarter pound.

[bigbuffalo]

btw Bruce Margolins office has the mmj laws and info they are currently my attorney and i recomend them you can look up stuff on www.420laws.com

[makaveli79613]

once again thank you everyone for replying all of your advice and courage has kept me going thru this. after reading that pdf on how to defend medical mariijuana case in california, im feelin a little better. however it still is a hassle to have to go thru this in the first place. its hard but i have to put faith that our california state laws and codes will hold up and have my back. but we will see.

[makaveli79613]

and thanks for the link to bruce margolin i remember seeing that lil book with him on the cover recently aat a clinic. i already am trying to get in contact with him lol.

[Jewpanese420]

wow man, that sounds like an insane trip. If it was me, I woulda been scared shitless. It's amazing how cops enjoy themselves by pissin off others especially when we do nothing wrong. I'm so sorry to hear that, and I hope, whoever that cop was, something really really bad happens to him. Sorry to be brutal, but wow, I just can't imagine what you had to go to. He deserves it fully!

A quarter pound? Wow, that's a lot. Did you keep it in your trunk? I think if you drive around with that much, you should always keep it in your trunk just in case some shit like that happens.

Originally Posted by makaveli79613

talk about a shitty day yesterday, went to north hollywood to NC to pick up my meds and as im leaving a cop pulls up next to me at the stop light, i have all my windows up and my meds still perfectly sealed in the original bag. the light turns green and he gets behind me and flashes his lights. comes up to the window and first thing he says is do you have any narcotics in the car blah blah, so i show him my meds and my medical license and just because i had 4 ounces he arrested me and took me to north hollywood station where i was detained for about an hour then i was transferred to van nuys jail and charged with possession of marijuana for sale. when i had no scale, no baggies or anything of that nature. my bail was set for 20,000 and i was bailed out for 1,600 thanks to acme bail bonds and my pops lol. court date is set for march 5th. do i have anything to worry about?

[Jewpanese420]

Hey man, hey man, Don't bring leo's into this. It's not my fault my parents had to make lovey dovey in november! Come on!

Originally Posted by STEVE-O

So Very Sorry To Hear About Your Arrest Bruddah - But...... You Should Most Def Take A Look At The Asa Legal Tips That Specifically Tell You How To Interact With Leos. You Did Make A Few Big Mistakes In Being So Forthcoming With Info. If You Did Not Consent To A Search, I Dont Believe They Had Probable Cause. Never Consent To A Search.
1. I Do Not Consent To A Search
2. I Wish To Remain Silent
3. I Would Like An Attorney
The Less You Say-the Better Off You Are. Leos Are Not Our Friends.

Good Luck, I'll Be Prayin For Ya!!

Steve-o

[420patriot]

Originally Posted by squatter420

You are correct that the Public Defenders offices around the State of Ca are often over burdened and under funded. I can usually get them to work for me but it is likely due to my experience level and tenacity, which is not normal for most others. I use every encounter with the unjustice system to extract my pound of flesh and leave a permanent mark of my having passed through it. Cost is one of the factors they use to gage effectiveness of various enforcement efforts. Drive up the cost associated with a MMJ bust and the resources may be directed elsewhere.

If my ducks were in a row and I had money, I'd ask for a summary judgment or a trial before just the judge, no jury with a PD. If I were convicted and had a "clean facts" case, I'd appeal using the Felix Kha case, http://www.safeaccessnow.org/article.php?id=5251 as precedent. I would also file a civil case against the cop and City. The criminal trial and appeal is just an attempt to drive up the eventual payout on the civil case.

My advice is to always be as vicious as you can possibly be when in a courtroom situation. Go after them with everything you can, offer no quarter as none will be shown you. File complaints with the BAR for any infraction by opposing counsel. If your own lawyers aren't exasperated with you, you probably haven't pushed hard enough. Fuck collegiality. Destroy the opposition and take their earning power and careers if you can. Make them pay so they never forget and bother another patient ever again.

Squatter, I completely agree with your ideas here. Every single MMJ patient arrested MUST extrapolate as much time, money and resources from the police department and the courts as possible. This simple patriotic act will help keep others from being arrested and harrassed in this great state. The laws are already on the books to protect us; now we must use the court system to punish those people who are not obeying this law. As the law is written, an MMJ patient or caregiver is NOT a criminal, and anyone in an official capacity with the state must recognize this fact or be considered insubordinate in their duties. In addition to every possible motion, I would also immediately file complaints against the local PD and others involved as this will occupy some of their time and energy. If we had 100 percent of the community willing to stand up, fight for their rights, and make a HUGE deal out of any arrest, then it wouldn't take long for them to stop attacking us. Unfortunately, the borderline patients who may feel like they are taking advantage of the law don't usually have the fortitude to fight this battle, and thusly they and we remain active targets of the police.

Originally Posted by Jewpanese420

....It's not my fault my parents had to make lovey dovey in november!....

coulda been October 'cause it really takes 10 months (40 weeks), i never could understand why they tell you 9 months.....