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Old 09-23-2007, 02:50 PM   #1 (permalink)
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Arrow Court date 10/1 with bigger problems

Hello fellow WT'ers I need some advice please. I have a court date of 10/1 for possession of 12.2g. I have no prior criminal history served honorably in the USMC and am completely amazed right now...I have a legal doctors recommendation and the officer said that he did not recognize the recommendation.(local law enforcement not federal) It was in my home and he took my keys without my consent and opened my locked safe without my permission.
Here's the problems.......
1. My ex has filed papers for sole legal and physical custody of my 8 yr old and will not let me talk to her because he went to court and said I was a drug addict. Like I said I haven't even been to court yet and the judge gave him an immediate order not to let me see or talk to her if her father does not wish her to.
2. Is there anyway to get this thrown out? Does anyone know what to do about the custody problem??Does anyone know what I should do on my court date? I am just devestated right now and any help or suggestions are greatly appreciated.
Thanks in advance
Trish

tloctwisted says.."Courage is resistance to fear, & mastery of fear - not absence of fear.”
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Old 09-23-2007, 02:52 PM   #2 (permalink)
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Re: Court date 10/1 with bigger problems

cops dont recognize it just plead guilty and remmebr you are not guilty you are not guilty you are not guilty you are not guilty burn it deep inside your mind and ignore any deals or offers they try to give you, riverside county law enforcers are corrupt and will arrest you or cite you for posession anyways, then you get it dismissed in court. as far as 'custody problem' what custody problem? how are you a druggie if you are using medication that is legal by the laws of this state?
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Old 09-23-2007, 03:02 PM   #3 (permalink)
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Re: Court date 10/1 with bigger problems

Call ASA to see what they have to say about the child custody issue.

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Old 09-23-2007, 04:59 PM   #4 (permalink)
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Re: Court date 10/1 with bigger problems

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Call ASA to see what they have to say about the child custody issue.
I will do that thank you .... The issue is they filed paperwork ex parte and the judge granted it..... I can't believe it...I thought it was innocent until proven guilty

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Old 09-23-2007, 05:28 PM   #5 (permalink)
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Re: Court date 10/1 with bigger problems

I hope everybody knows about fully-informed juries and jury nullification. I'm just saying. It doesn't violate the rule of law because it is part of the rule of law.

As for the ex parte action, you have my deepest sympathies. How ugly.

If you need bodies for court support, please make us aware of the department/court/time ASAP. I won't be available on October 1st, but surely other WT'ers could attempt to show up to lend support. If you need to talk, please PM me anytime.

Local law enforcement searched me and found over 3 and a half grams during a collective raid gone horribly wrong. I was very lucky that day and I know it.

Best wishes to you and your loved ones. I hope folks better versed with custodial issues will be a light for you during this time.


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Old 09-23-2007, 05:31 PM   #6 (permalink)
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Re: Court date 10/1 with bigger problems

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Originally Posted by tloctwisted View Post
Hello fellow WT'ers I need some advice please. I have a court date of 10/1 for possession of 12.2g. I have no prior criminal history served honorably in the USMC and am completely amazed right now...I have a legal doctors recommendation and the officer said that he did not recognize the recommendation.(local law enforcement not federal) It was in my home and he took my keys without my consent and opened my locked safe without my permission.
Here's the problems.......
1. My ex has filed papers for sole legal and physical custody of my 8 yr old and will not let me talk to her because he went to court and said I was a drug addict. Like I said I haven't even been to court yet and the judge gave him an immediate order not to let me see or talk to her if her father does not wish her to.
2. Is there anyway to get this thrown out? Does anyone know what to do about the custody problem??Does anyone know what I should do on my court date? I am just devestated right now and any help or suggestions are greatly appreciated.
Thanks in advance
Trish
The court case/charges will get dropped for possession as long as your current recommendation is/was not expired at the time of being cited. As far as custody of the child, you WILL need to prove that you can provide a safe environment for your child to live in. CPS (Child Protective Services) will most likely, after a court hearing on the matter, come check out your house prior to a verdict on custody being made. Get a good lawyer and it'll most likely work out the way you want it to.

Best of luck.
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Old 09-23-2007, 07:49 PM   #7 (permalink)
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Re: Court date 10/1 with bigger problems

Quote:
Originally Posted by tloctwisted View Post
Hello fellow WT'ers I need some advice please. I have a court date of 10/1 for possession of 12.2g. I have no prior criminal history served honorably in the USMC and am completely amazed right now...I have a legal doctors recommendation and the officer said that he did not recognize the recommendation.(local law enforcement not federal) It was in my home and he took my keys without my consent and opened my locked safe without my permission.
Here's the problems.......
1. My ex has filed papers for sole legal and physical custody of my 8 yr old and will not let me talk to her because he went to court and said I was a drug addict. Like I said I haven't even been to court yet and the judge gave him an immediate order not to let me see or talk to her if her father does not wish her to.
2. Is there anyway to get this thrown out? Does anyone know what to do about the custody problem??Does anyone know what I should do on my court date? I am just devestated right now and any help or suggestions are greatly appreciated.
Thanks in advance
Trish
You've done the most honorable job any person can do for this country. You protected our freedoms, with your life! Thank you for serving our country!

I don't know what to do about possession. That's flat-out Bull Shit! Bug ASA and all the 420 attorneys until you get your best answers.

My aunt is a retired social worker who reunited children with some of the worst criminals in the state. She said, "Alls he has to do is contact the social worker in charge of his case and request reunification services." She also said "He should tell the social worker that he will do whatever it takes, and do it." You have substantial rights with your child and courts routinely turn children over to parents who commit serious crimes. Your crimes are not serious.

I've been called a drug addict by members of my family too. Funny, when they think I am stoned, I am straight. When they think I am straight, I am medicated. We get along best when I am medicated.

Get as much data as you can on your illness and about how mmj works for you. Show that to the social worker and see what they say.

Also, ask the social worker if you can use Marinol. It's a prescription. They can't deny that one. If so, they'd have to pull every kid from homes where far worse pharmaceuticals are used. mmj can be a sticky issue with the wrong people. It will be the luck of the draw.

Best of luck! And remember, "Luck is preparation crossing the path of opportunity." Be prepared. When the opportunity arises, the luck will follow.


Last edited by 9121Ho; 09-23-2007 at 07:52 PM..
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Old 09-24-2007, 07:21 AM   #8 (permalink)
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Re: Court date 10/1 with bigger problems

Thank you so much for the kind words I am just tore up over this whole thing...... I have never had any issues with the law or custody before so this is very new and I guess because I am getting hit so hard it is just making me want to fold, But, I know that I can't My other 2 kids are a great support and I know that we can get through this. I have always taught them that right is right no matter what and not to compromise on the truth. I am just really frustrated.... My court is Southwest justice in murrieta california at 730 am. Thank you for all the support it means alot to me...
Trish

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Old 09-24-2007, 07:38 AM   #9 (permalink)
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Re: Court date 10/1 with bigger problems

My recommendation was and is current. I will make sure that I have everything to support the use of MMJ. I am so very sad over the fact that we as patients must endure sometimes tragic battles to have relief from the ailments that heavy pain killers like percacet and methadone which are legal and no one would be saying anything to me about but can cause huge complications emotionally and physically. I can leave those in the medicine cabinet and think nothing of it. But with a safe and a lock on my door and responsible use. Not in front of my children and after they are in bed so I can have relief to sleep and then putting my medication back in the safe with no access to anyone other then myself. I have a driver if there is no other relief for me during the day and medicate with education... Ie sativas indicas ect. and responsible dosing. I know that there are patients that are in positions that make mine seem very small in comparison but, the fact still remains that I have rights and the public voted in favor of those rights. Are there people that will take advantage? Absolutely there are people that take advantage of perscriptions too..... It will always be that way. But, I am blessed by the many that have the same belief that I do and that I can get up everyday and find love and support just by logging on here. For that I am blessed far more then most!!
Take care
Trish

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Old 09-24-2007, 07:50 PM   #10 (permalink)
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Re: Court date 10/1 with bigger problems

It is sad that we as patients sometimes must endure tragic battles, and you have been selected. You didn't do anything wrong, and your meds were as secure as they could be. You can beat this.

There is good advice here, I can only suggest that you rely on your militaty training. Preparation and focus will go a long way in the battles you will face. You have a lot at stake so you must keep your head.

It's like you have some hand to hand combat on the horizon, but you're not completely alone. Remember, the battles you win will help pave the way for those who follow.
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Old 09-24-2007, 09:50 PM   #11 (permalink)
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Re: Court date 10/1 with bigger problems

Check out the legal FAQ....You will find a lot of good information and it will answer most questions....
http://www.safeaccessnow.org/article...=type&type=313

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Old 10-02-2007, 09:59 PM   #12 (permalink)
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Re: Court date 10/1 with bigger problems

Quote:
Originally Posted by tloctwisted View Post
My recommendation was and is current. I will make sure that I have everything to support the use of MMJ. I am so very sad over the fact that we as patients must endure sometimes tragic battles to have relief from the ailments that heavy pain killers like percacet and methadone which are legal and no one would be saying anything to me about but can cause huge complications emotionally and physically. I can leave those in the medicine cabinet and think nothing of it. But with a safe and a lock on my door and responsible use. Not in front of my children and after they are in bed so I can have relief to sleep and then putting my medication back in the safe with no access to anyone other then myself. I have a driver if there is no other relief for me during the day and medicate with education... Ie sativas indicas ect. and responsible dosing. I know that there are patients that are in positions that make mine seem very small in comparison but, the fact still remains that I have rights and the public voted in favor of those rights. Are there people that will take advantage? Absolutely there are people that take advantage of perscriptions too..... It will always be that way. But, I am blessed by the many that have the same belief that I do and that I can get up everyday and find love and support just by logging on here. For that I am blessed far more then most!!
Take care
Trish
i got my rec to help with comin off of methadone i dont understand why POISON like methadone i can get as much as i want n it can kill people easily had it gotten into the wrong hands accidentally the akternstive to mmj was gettin a script for some benzo that would be physically addictive i though they dont like mmj caus eits addictive why they rather me take stuff thats 10x's as addictive ..neanderthals
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Old 10-03-2007, 06:02 AM   #13 (permalink)
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Re: Court date 10/1 with bigger problems

PAGING tloctwisted:

We'd love to know how it went. I'm so sorry I couldn't be there personally but you can bet you've been in my thoughts.


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Old 10-07-2007, 12:38 AM   #14 (permalink)
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Court date 10/1 with NO problems

A Medical Marijuana patient WITH a valid Recommendation, popped for 12 Grams.

Well, this is certainly a nothing case.
If you had NO Rec, the Max fine is $100.

I written about this very situation before.

Sorry, if it's too late for this particular case.

Arrive in Court, with the Original Rec.
Tell the Court Clerk you have it, when you check in.
Often, they will verify it while you wait.

When the Judge calls your case, go forward, with your Rec.
If they haven't verified it yet, ask the Judge to verfiy it.

Once the Doc says: "Yeah, that's him" . . . the case should be dismissed.
This is the tried-and-true way.

- - - - - - - -

As far as your Custody issues, the California Courts consider Marijuana just another Prescription drug.
As long as you keep your Rec current, the fact that you medicate is NOT to be used against you.
Even if ex-wifey calls the CPS, they will NOT find fault in you.
BUT, even then, just don't medicate in front of the kids.

Last edited by Solidly-here; 10-07-2007 at 12:42 AM..
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Old 10-18-2007, 08:23 PM   #15 (permalink)
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Re: Court date 10/1 with bigger problems

Tomorrow's the day good luck, brotha!!
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Old 11-07-2007, 07:50 AM   #16 (permalink)
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Arrow Re: Court date 10/1 with bigger problems UPDATE

Hello all thank you for the love and support it really got me through some really dark nights!!! Sorry I have not been on lately... I have been in a PTSD sexual trauma program through the VA...........

The judge threw it out in the Interest of Justice!!!!! YEAH...Thank God.. ready for the catch? Now my ex wants me to explain why I have a prescription and says that he wants to fight the fact that my daughter is around a drug addict,,,, Nice isn't it. I don't have to explain anything to him she was not there and the fact that the case was thrown out means just that......So it's always something with my ex... funny he had no issues with me until he remarried in 2005..... But I did get to see my daughter and that was awesome. The VA doctors know that I use medical cannibus and have no issue since they said that it does not interfere with any other medications that are taken. In fact becaue of the lack of side effects from other medications my med doctor sauid continue for the insomnia.... So with any battle there are small victories and i'll take that!!!+Please pray I have mediation and another court date in family court that I can see my daughter and that the jusge throws out that retarded order that states that my ex can supervise our visits.
Thank you for all the support and even though you weren't there LOU you were there in my heart and that gave me strength to get through this....
Kisses and love to all
There is always strength in Unity and always struggles that we muct endure to become stronger after...
My new QUOTE " That which doesn't kill me will live to regret it!!!
Thank you weedtracker family,,, you're the BEST

My angels around me...(hugs)

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Old 11-07-2007, 07:53 AM   #17 (permalink)
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Re: Court date 10/1 with NO problems

I never medicate in front of children and I keep it locked in a safe with my vicodin and percacet.. That is where ALL MEDICATIONS THAT MAY BE HARMFUL IF TAKEN BY SOMEONE OTHER THEN WHO IT IS PRESCRIBED FOR SHOULD BE in my opinion... Thank you for the awesome info!!!

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Old 11-07-2007, 08:11 AM   #18 (permalink)
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Re: Court date 10/1 with NO problems

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Originally Posted by tloctwisted View Post
I never medicate in front of children and I keep it locked in a safe with my vicodin and percacet.. That is where ALL MEDICATIONS THAT MAY BE HARMFUL IF TAKEN BY SOMEONE OTHER THEN WHO IT IS PRESCRIBED FOR SHOULD BE in my opinion... Thank you for the awesome info!!!
illegal search and seizure...

unless they have a warrant or you are a felon, they have no right to

A. Enter your domicile unless they feel someones life is in danger

B. Invasion of privacy

Im currently going through the court system for a DUI. i blew a 0.0 and my Blood alcohol came back as 0.0 but since they found MMJ on me they just assumed...They just want that money money money!

Funny thing is they havent even posted my court date yet or filed my paperwork...

Get a lawyer ASAP! And also i hope you wrote down a recollection of what exactly happened.. This was a blatant invasion of privacy and illegal search and seizure!


KNOW YOUR RIGHTS PEOPLE!!


Much Love

Jah

P.S They cant hold down DANKLES!

Jah_Dankles says.. OG for Me!! Hunting for Danks !!
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Old 11-07-2007, 08:25 AM   #19 (permalink)
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Re: Court date 10/1 with bigger problems

Congrats on your Victory. I have a friend in CPS and she has told me that MMJ is not grounds for taking kids. I will look further into and send you info if I can. Although I believe your case is completly different here is a article on CPS
http://orangepunch.freedomblogging.c...cal-marijuana/

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Like Cops, DEA Agents, and Customs Officials.
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Old 11-07-2007, 08:31 AM   #20 (permalink)
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Re: Court date 10/1 with bigger problems

Thank you... Yes it is different but when they do things like this they put everyone in the same position as to guilty until proven innocent. Family court is so nasty they sling whatever they can and hopes something sticks to the wall then you have to prove you are not some evil uncaring person that can't take care of their kids.... That's the really sad thing about all this.. the kids suffer more then anyone...Right now they take nothing into consideration..... because the Judge is a jerk and it's a have and have not thing... Their income is over 100,000 and therefor they can afford an attorney that can keep manipulating the judge right now... That's ok being the underdog just makes me that much stronger knowing I have support I can beat this and look forward to better days.. thanks for the love
Trish

tloctwisted says.."Courage is resistance to fear, & mastery of fear - not absence of fear.”
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Old 11-07-2007, 08:33 AM   #21 (permalink)
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Re: Court date 10/1 with bigger problems UPDATE

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Originally Posted by 9121Ho View Post
Right on!
Awesome isn't it...Thanks to everyone for the prayers and support,,, I couldn't of done it without it!!!!!!
Take care Trish

tloctwisted says.."Courage is resistance to fear, & mastery of fear - not absence of fear.”
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Old 11-07-2007, 10:26 PM   #22 (permalink)
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Re: Court date 10/1 with bigger problems

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Originally Posted by tloctwisted View Post
Their income is over 100,000 and therefor they can afford an attorney that can keep manipulating the judge right now... That's ok being the underdog just makes me that much stronger knowing I have support I can beat this and look forward to better days.. thanks for the love
Trish
Check with the VA and the local bar association. You might be able to get an attorney to assist you on a "pro bono" (i.e., free) basis.

On a different note, thank you for your service!
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Old 11-08-2007, 12:26 AM   #23 (permalink)
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Re: Court date 10/1 with bigger problems

you really need to get a family law attorney.

the ex parte motion is temporary, and a trial date should have been set at that hearing. You or your atty should have been at that ex parte hearing.

And if there is a significant difference in incomes between the two families households, then he is liable to have to pay for your atty fees, *just ask kevin federline, he got a quarter million dollars from brittney to pay HIS attorneys... heheh way to go bud!!!

You can get the same...

But family court will probably assign the child her own counsel/attorney also.

And basically as has been pointed out above, the courts will do everything in the name of teh children FIRST, with the most littlest of information. *they will err on the side of the children...and damn the parents and the costs...

Your ex sounds like a prick and is either posturing for an inevitable leaning of the courts to the MOMs side, by loading the dice up front/ stacking the deck, or whatever euphanism you choose.

*actually, not sure if you are divorced already, I guess you are since he is remarried...

And if so, has there been any recent discussion of MODIFICATION of CUSTODY and or CHILD SUPPORT???

Has there been any changes in income since you got divorced, i.e. changes is custody percentage, or changes in jobs or income???

He maybe trying to reduce the amount of child support he pays, or may have to pay...
Anyways, you really need to talk to an attorney...

And good job on the mmj victory. THAT WILL HELP "YOU A LOT in the family court

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Old 02-24-2008, 10:41 AM   #24 (permalink)
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Wink Re: Court date 10/1 with bigger problems

Just an update months later... Thank you again for all the support my fellow WT's have given me. It's been a crazy year and all the court fighting along with irrational people really took it's toll on me.

Here's the news update
as of feb.2008 I finally have joint legal and physical custody back!!!
The judge in the family law case(now that I finally got a new one..) said there is no reason to punish me since my case was dismissed in the interest of justice and that did not make it an offense that worried the courts as far as the welfare of my daughter!! Yeah!!! They also told me ex that telling my daughter the things that he has(ie I am a drug addict and this is what pot will do to you was very harmful and that he might as well just kick her) Since that was what he was essentually doing by constantly putting me down to her... So we are making progress and now the next fight will be for me to regain custody! The great news is since the judge put the verbal restraints on my ex my daughter is calmer and it is so much better!!
Thanks again for all the love and support I could not of done it with out everyone.. Words of encouragement can go along way when you feel like you are all alone..
Take care much love Trish

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Old 02-20-2009, 09:17 AM   #25 (permalink)
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Re: Court date 10/1 with bigger problems

good for you man...u served our country and the thanks u get from the state sucks but having your kid back must make it all worth it
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