[Slip9901]

Ok so heres the story:

A buddy of mine and I were driving on the 395 on the way to Mammoth Mountain and we were pulled over for going 84mph in a 65 zone. The officer approached the vehicle and told us that it smelled like marijuana. He asked me to step out of the car and stand on the side of the road. They told me that they were going to search my car in which I then told them that I didn't consent to a search...which they obviously went ahead and searched any way. Since it was a truck the majority of my medicine was in a duffle bag along with my clothes in the bed of the truck, but I did however have .5 gram of hash and under an 8th of marijuana in my glove compartment. When they found these he brought them over to me and I told him to inspect the medical marijuana doctors prescription that I also had in my glove compartment. He told me that he doesn't agree with the law and that my prescription "could have been made in my basement". I told him to please call my doctor to verify the recommendation but he refused to do so. He then confiscated my medicine, wrote my citation, and let me go.

In the end I was cited with the following:

11357(a) HS Poss. Concentrated Cannabis (misdemeanor)
2322(b) VC Poss. Marijuana (misdemeanor)
22349(a) VC Exceeding 65mph

The 11357(a) was first cited as a misdemeanor until I received a letter indicating that the misdemeanor had been raised to a felony.

What do you guys/girls suggest I do? Any help is greatly appreciated.

Thank you very much.

i'm no attorney but here's a number you can call for help. i hope this does you good. ASA's free legal hotline: 510-251-1856 x 304 Peace and keep us posted. sorry i couldn't do more. bp

[weedtracker]

if your recomendation is valid it should get thrown out when you go to court, but in the meantime youll have to deal with all the bullshit that comes with court and the law.

[sp_palacios]

ya man i just came back from mammoth last week ...
i cant streess it enough if you got medication on you dont speed threw 395 esp going threw towns..
i also had hash and some meds on me .on the way back we saw a bunch of cops so theire always out their on the 395 highwy .you just have to be careful man well good luck on your case...
:smile2:

[Slip9901]

should i retain a lawyer? I don't really want to mess with a felony

also yeah I realize how dumb it was to speed down the 395, but hey shit happens

[camster626]

Originally Posted by Slip9901

should i retain a lawyer? I don't really want to mess with a felony

also yeah I realize how dumb it was to speed down the 395, but hey shit happens

Your first appearance is only your arraignment. It will most likely be tossed out on that date...if not I would then contact my attorney...you also can use the argument of Illegal Search and Seizure since you did not consent to your vehicle being tossed.

I'm not an attorney...but I really dont think you have much to worry about.

Anyhow good luck...let us know how it goes.

Peace-

[Slip9901]

Will do...My date is April 7th...What would the reasoning behind raising my misdemeanor to a felony be?

Also what exactly goes on during the arraignment?

And if I wanted to hire a lawyer who would you guys suggest? I live in Santa Barbara and the court is in Mammoth Lakes (Mono County)

[Greenbud]

Check out Margolin or Kroger. Both are recognized MMJ attys. Call ASA since they also may be able to refer an atty.

Ask an atty about your doctor signing an affidavit or appearing in court on your behalf.

Hope it works out for you.

No under the influence? hash is a wobbler under law between felony and misdemeaner...call asa contact your doctor and go to trial...6 months you most likey youll be aquited.

[justin420]

Originally Posted by Slip9901

Will do...My date is April 7th...What would the reasoning behind raising my misdemeanor to a felony be?

Also what exactly goes on during the arraignment?

And if I wanted to hire a lawyer who would you guys suggest? I live in Santa Barbara and the court is in Mammoth Lakes (Mono County)

BECAUSE THE HASH IS MAN MADE.

[Au_Hunter]

That is why I use cruise control, but I'd go with the first two suggestions were I in this situation.

An Attorney now may get everything tossed so you don't even need to appear...

Free advice is worth what is paid, so choose wisely...

[Dilettant]

I know in a lot of areas including where I live, law enforcement always overcharges you so it can be pleaded down in court.

I’ve been in the same boat, where I was searched with my medicine, and was told my recommendation could of been made on the computer. That’s why I got a state card.

I would go to your arraignment without a lawyer and see what you can do on your own, but if for some reason they still leave you with a felony, I think you should get a lawyer.

Best of luck to you, hope it all works out.

[sdfriend]

sorry to hear about this hassle, i came down the 395 last sunday and noticed a heavy police presence too.

seems like most people are blowing 90+ and that's the flow of traffic, surprised they popped you for going 84.

oh well, sounds like this will work out for you...hopefully it will just get tossed.

by the way, how about that wind up there last week?

peace.

[gmoney666]

so sad that the police are allowed to go against the law. Don't get a lawyer till after the 1st court date unless you got lots of money to blow. Even then the lawyer will ripp, i mean get you off. good luck

[jimichunga]

Hash is a 'wobbler' so they can pursue M or F.

What po-dunk town were you in? Will you have to appear there?

Since they didn't arrest you at the scene they may set bail at your appearance which is fucking ridiculous but i know several people thats happened to. But then again they may just consider you out on your Own Recognizance and you should be fine.

Either way you'll probably have to appear (or lawyer if you get one) a few more times at the least if the DA's are horribly innefficient which most are. It took them 9 monthsand like 8 appearances for them to finally dismiss my charges.

[DSW90049]

Friends do not let friends go into court to face a felony or even a misdemeanor without an attorney.
Do you need an attorney?
YES


It sounds like you were stopped in a less than friendly to MMJ area of our great state of CantaffordYa------- beware, police officers often reflect the attitude of local courts.

Get with the ASA or MPP and get referred to a good lawyer- you know how you have been saving for a rainy day? IT'S RAINING!

As a lawyer practicing in civil/business/real estate litigation for 31 years, I tell you that your case may well get thrown out, but, you could also be railroaded in ways you cannot imagine. Felony=state prison=a new roomate who you did not select! As Lincoln said, when you represent yourself, you have a fool for a layer!

Don't take stupid risks. You wouldn't try to take out your own appendix with a penknife. Time to get lawyered up- be safe, not stupid.

[Slip9901]

Thanks for all the advice so far guys...

I think I'll get a lawyer just to play it safe because I have more to lose in this situation that I really want to mess around with...Does anyone have any feedback on Sean Tabibian (only lawyer ive seen on WT)?

Also I think after all of this I will DEFINITELY get my state Id card

[GreenMan]

Hash, as it pertains to patients, IS LEGAL. Please read this document...

http://ag.ca.gov/opinions/pdfs/03-41...2fc0/3/hilite/

This document has been sited in another thread here before. It is a document prepared by Bill Lockyer atty gen, and Gregory Gonot, dept atty gen.

[Medpatient]

I have been through this just as Jimichunga has and I can tell you do not plan on it getting thrown out at your arraignment and expect to be going to court for at least 6 months if not more.

Charging you with a felony is a scare tactic that they used on me and I am sure on everyone else that has been in this position. They will most likely tell you that you are looking at 16 months in State Penn which would never happen in the first place if you are a first timer. Second they will try to get you to plead to drug diversion along with giving up your DNA if the county that you got busted in does that, I know Orange County does and they will drop it to a misdemeanor.

Do not go to court alone, take a lawyer, if the DA see's you getting a public pretender or not having an attorney then they will be on you like wolves on a fresh kill.

I would also take along someone for moral support, this helped me the most was having someone there, it is a scary thing to have to deal with, but be glad that they did not haul you off at the scene cause the bail is nothing cheap.

[Medpatient]

Originally Posted by GreenMan

Hash, as it pertains to patients, IS LEGAL. Please read this document...

http://ag.ca.gov/opinions/pdfs/03-41...2fc0/3/hilite/

This document has been sited in another thread here before. It is a document prepared by Bill Lockyer atty gen, and Gregory Gonot, dept atty gen.

Unfortunately as much as we wish that document would help it doesnt help at all. I tried that route and got thrown back at me that this is opinion and not case law and they do not accept it.

[BrattonBasher]

Listen to Medpatient and bring a lawyer with you. It will cost you some $$$, but I agree with Medpatient that the D.A. will go at you if they think they will win!

[Justonevoice]

Can you please tell me what Law Enforcement Agency it was? And you should call ASA no matter what because they keep records on LEO's that are not following State law so that when there is an agency that constantly does so they can bring them to court to answer to it like they did with the CHP.

[GreenMan]

Unfortunately as much as we wish that document would help it doesnt help at all. I tried that route and got thrown back at me that this is opinion and not case law and they do not accept it.

That sux, now I feel like I didnt help at all... But hey, thats ok, Id rather see that here now, than be in court and have it not work. Sorry they threw it at ya, Medpatient.

What about the Felix Kha case where he petitioned (and won) to have his medication returned? He was still cited for running a red light, but the city of garden grove gave him back his meds. I dont know....

Good luck Slip! Get that lawyer and talk to ASA!

[Medpatient]

Originally Posted by GreenMan

That sux, now I feel like I didnt help at all... But hey, thats ok, Id rather see that here now, than be in court and have it not work. Sorry they threw it at ya, Medpatient.

What about the Felix Kha case where he petitioned (and won) to have his medication returned? He was still cited for running a red light, but the city of garden grove gave him back his meds. I dont know....

Good luck Slip! Get that lawyer and talk to ASA!

Now that is what you will want to concentrate on. The Felix Kha case did alot for patients as the judge made a stance and stated that it is not the jobs of local police to enforce federal law.

Thank you for bringing that up I totally forgot about this one. slip9901 I would definately have your lawyer familiarize himself/herself with this case as this is a great attacking point.

[Justonevoice]

Originally Posted by Medpatient

Now that is what you will want to concentrate on. The Felix Kha case did alot for patients as the judge made a stance and stated that it is not the jobs of local police to enforce federal law.

Thank you for bringing that up I totally forgot about this one. slip9901 I would definately have your lawyer familiarize himself/herself with this case as this is a great attacking point.

Yes, your lawyer should refer the Kha case in court.