[outkastoutlaw13]

I was driving in Glendale and I got pulled over by Motorcycle Glendale Police Department cop for being on the cell phone. He asked me for license and registration and smelling the weed he asked how much I have in my car. I told him None and i told him i last smoked last night. He tried making me confess i smoked the same way so he could book me with a felony, but I told him I smoked last night. He than told me to get out of the vehicle he searched me and i had half an ounce of marijuana I had picked up from a dispensery the night before, and a scale, which I told him i use for my occupation as a jewler. He continued searching me and later the car, and called a backup "expertise" to give me a DUI test. He kept trying to make me confess that i smoked that day but i did not bulge, and he DUI tested me and i passed with flying colors. He than kept accusing me of "Selling" this weed. I showed him my marijuana recommendation and told him i have serious medical conditions and this is my medicine for 2 weeks. The expertise than took the scale and smelled and said there was marijuana residue on it, which i occasionaly use to check my dosage of marijuana during time of consumption. After questioning me and asking me about where i worked (as a jeweler) they threw me in a police car and took me to GLendale City Jail. Without reading me my rights, and not knowing what i was charged for until i was booking in jail. In jail i found out they booked me for felony possesion and intent to sell, and transportation(11359 and 11360 A) with 20, 000 dollar bail. I was shocked that i was being put in jail on a felony account for just having my medication. Since i was booked thursday, and it was a felony my court date got set to the following monday. I ended up calling couple friends and got a bail bond for 1400, at 7 percent of 20,000, which i must somehow pay back. Plus i got robbed of my half ounce my scale and my recommendation which they said is for "evidence"!!! so this unnecessary ordeal ended up costing me over 2000 dollars, JUST BECAUSE I HAD MY MEDICINE IN MY POCKET. I know a good atterny would easily get me out of this, but I am a student that works part time, and can not afford a private attorny.


I need HELP and recommendations on what I should do? Should i hire a public attorney? or try my hardest got a private attorney so ensure the case gets dismissed. I do not want any cases on my record, because it will end up affecting my career after school. Please does anyone have any opinions? This guys just screwed me for no reason, and I want to ensure I fight for my right as a patient!!!

[LocalBud]

you are about to learn some hard lessons.....
advice: hire the best attorney you can, you certainly are in deep shit..... sorry

[ps-med]

Sorry that this happened to you and I hate to state the obvious, but the time to stand up for your rights was before you started answering questions.

Looks like you are going to have to take this to court. In the future you may want to check up on the ASA website or other sites (flexyourrights, ACLU, etc.) about how to deal with the police when pulled over for a traffic stop or when in public. Bottom line is that you gave up many of your rights (specifically your 5th Amendment right against self-incrimination) when you chose to answer the officers questions.

Good luck with the court case. I hope you find a good attorney, maybe ASA can help you out with recomendations.

[shecky7]

I don't know if an attorney will help here at all. Almost the exact thing happened to me and it was what I said to the police that they used against me. Which is anything at all.
Even though I paid five figures to the best, most MMJ friendly liar, I mean lawyer, taken from a loan on my savings from my job I have had for 16 years all down the drain, spin, spin, spin. See we create reality with our projected belief. I believed I was a person. I beleived I was under the jurisdiction of the police before they even talked to me, which is a lie, lie, lie.I had a little too much vested in that false security blanket called job and law. I thought like most that we just tell the truth and we will be ok. BS!
Don't they say ANYTHING you say can and WILL be used against you? Not FOR YOU, AGAINST YOU. Sorry for the all caps. Oh, btw. I never confessed to any crime either, I said one word that showed I gave them jurisdiction over my person and they fabricated the rest and lied on the stand to cover their police fraternal brotherhood members. Truth never entered the room. Sorry to hear about your ordeal. But hey, when the dog and pony show is all wrapped up and the bailiff is sweeping up the horse puckey and they ask if you understand the charge tell him " I, addressee, do not consent to stand under this charge." But that's not 'legal' advise. That always costs ya.

[mikibeck]

I'm very sorry to hear that this happened.


The first collective I visited (Pure Life) had the BEST patient info I have seen at any collective. There were signs everywhere telling patients NOT TO SPEAK TO THE POLICE in this situation. NOT AT ALL.

They had handbooks and examples of what can happen if you "trust that everything will be ok". and suggested patients say only the following if stopped:


1) Am I under arrest?"
2) "I do not consent to a search"
3) "I would like to speak to a lawyer". Once this is said, they can no longer question you. They also told patients to put their meds into the trunk with their recommendation every time. Because of them, this is what I do, and if I am stopped there is no way that any smell will find it's way to the front of my car.

I believe that the only way an attorney would have been helpful would have been *before* you spoke to the police. The miranda states that anything you say CAN AND WILL be used against you. Sad, but true. Hopefully with all of the attention on this matter at present you may find some compassion within the system. I'll keep a positive thought out for you. Hope it turns out ok for you.

Peace.

[jayaregee]

i think having the scale really fucked you.

[cannadyke]

Originally Posted by mikibeck

and suggested patients say only the following if stopped:

1) Am I under arrest?"
2) "I do not consent to a search"
3) "I would like to speak to a lawyer". Once this is said, they can no longer question you. They also told patients to put their meds into the trunk with their recommendation every time. Because of them, this is what I do, and if I am stopped there is no way that any smell will find it's way to the front of my car.

excellent advise. if more patients followed this advise, we would not see these types of threads on a regular basis. always put your meds in the trunk, don't smoke in the car and don't give the police any reason to pull you over (like talking on your cell phone, or rolling through a stop sign). too much of a risk---and a very expensive risk.

[outkastoutlaw13]

I never admitted to anything when i was being question, I only told them that the medicine is mine and the scale is for work, not the marijuana. A lot of people said anything i say can and will be used against me, however I did not ever admit to selling.

[hempRules]

There is preveios case law, on the issue of the scale. Search for the decission up on ASA's or NORML's web site. Patients have the legal right to weigh and ensure that their meds are weighed properly, at time of purchase. The felony part might work in your favor. If your down financially, as you say, then you can use the public defender. If your stubborn and willing to go all the way. You have to push though. You'll be threatend by the judge to plea, told by the public defender to plea, and offered some so called great deal that will put you in the drug court program and yank your licence. Even if you plea no contest. It really depends on you and how far your willing to go.

As for me, I'm federally disabled and I live on a limited income. If they want to try that crap with me, I'll just sit in jail, for the year it takes to beat the sacks of shit. I have no prior's and I don't deal. No one's really going to miss me all that much for a year anyway. After it's all over I'll sue the city for harrasment, false imprisonment, and anyother civil rights violation I can think of. Maybe I'll go on hormone shots just to make those fuckers really pay while I'm locked up. Fuck that punk ass LEO.:cursing::thumbdown::cursing:

[cavemanXL]

like deniro told the kid i goodfellas never rat out your friends and "ALWAYS KEEP YOUR MOUTH SHUT"! however, my wife and i were in a similar situation but no scale the cop looked at my bag looked at my rec "original with id wished us a safe ride home! luck o the draw on a holes like anything else in life i guess get the mark golan guide it comes with a free cut out so if your too "nerveous" to speak for yourself trust the little card wich is now permanently behind my lic. AT ALL TIMES!! hope everything works out for you.

[VooDoo Chile]

There's several legal issues involved here and I'm not a lawyer. The previous posts are correct-----don't talk to the cops at all. Period. And never, ever consent to a search.

Anyway, since all you had was a 1/2 oz and a scale, the felony charges will probably be dropped. Cops and prosecutors do this all the time; they load you up with charges that they know won't stick. That way, when you're in court, they can engage in "charge bargaining" and get you to plead guilty to a lesser charge in exchange for dropping the bogus ones. That way you think you're getting a break and they get a quick conviction. Since this is obstentibly a felony case, you'll be assigned a public pretender. If you can afford to hire a real attorney, I suggest you do so. I could say a lot more, but that'd be pure speculation and I don't want to give you a false impression. Hope this helps and good luck to you. In the future, perhaps you'll be a little more careful when you're driving around with your medicine i.e. don't talk and drive. Peace.

[Vancestix]

I had something similar happen to me recently, except I was speeding (Like a dumbass)...

I had just pulled up to the front of my house I got out of my car with my meds in hand, looked down the street and I see a cop bookin it down the street from the direction I had came from. I instantly threw my bag into my car and locked the door, the cop told me to "go sit in my car" (obviously because he wanted me to open the door), I didn't, I leaned up against my car and he continued telling me "SIT IN YOUR CAR", my dumbass listened to him and opened the door, when he asked for my regristration he smelled the weed and I was instantly fucked.

I learned my lesson, KNOW YOUR RIGHTS!!! I didn't need to open the door that day. He probably wouldn't have found my bud and taken it.

Honestly though, I think bud saved my ASS that day because I was going WAY over the speed limit, he gave me a break and gave me the lesser charge, instead of raping my driving record... (57 in a 35:blush:) If I didn't have bud he probably would have given me the speeding ticket lol.

I ended up getting a possession ticket for less than 1oz, the cop said my script was "a scam" and that the only REAL marijuana licenses are given out by the state, and only 12,000 people in CA have them. Is this true???

Do you guys think I should fight this? Court is on the 11th of July

Anyway, yeah lesson learned... Don't do stupid shit when you have your meds in your car, and know your rights!! :thumbup:

[socal thc]

Your first mistake was to LIE to the officer, about your personal belongings. All patients need to understand that if you bullshit, they will bullshit you back. The second, is also say that you are a jeweler, wether you are or not, you must think how many people have used that excuse, as a matter of fact, I have someone sitting next to me that used that same excuse. Three, you are in Glendale not the best place to be driving around with your meds.

And fourth sorry to say this will cost you Alot more than 2 stacks. Try 5-8.
It's unfortunate bro, but hope you get through it. Don't get me wrong as a patient I'm on your side but you made alot of mistakes while encountering this particular officer.

Next time try what we do have donuts in the passenger seat and make a joke or two. This helps and don't give any room for power on his side by saying the wrong thing. Hope the Donut line makes you feel better. :thumbup:

[outkastoutlaw13]

What else could I have said? I have never sold any marijuana in my life and just use it as medication....I dont understand how I can actually be charged with selling, when having both the marijuana and the scale legally.

[superface13]

Shoulda coulda woulda.....don't matter. What matters is what to do next. If you can swing it, hire an attorney. If you can't, get as much info as you can and tell the public defender what's up. Get copies of 215 and 420 for the defender and judge. If you really do work for a jeweler, get proof that you work for them. If you don't work for a jeweler, you're pretty much fucked for lying about it, but get the case law about patients with scales and such. A public defender is WAY overworked so YOU have to dig for stuff. That's why attorneys cost so much.

Good luck my friend.

[Avocado]

It may be painful, but get a lawyer.....DO NOT try to represent yourself in court....no matter what others may tell you. You will get SCREWED if you try to play attorney....period, dotcom...

BTW...It's my understanding that "Talking on Cell Phone" is a secondary offense...that is ...not a valid reason to pull you over....

Peace...and best of luck

Originally Posted by Avocado

It may be painful, but get a lawyer.....DO NOT try to represent yourself in court....no matter what others may tell you. You will get SCREWED if you try to play attorney....period, dotcom...

BTW...It's my understanding that "Talking on Cell Phone" is a secondary offense...that is ...not a valid reason to pull you over....

Peace...and best of luck

With all do respect Avocado, isn't against the law to talk on your cell while driving?

[Garden_of_Eden]

1st fuck gpd 2nd tell the the scale is for your personal use to weigh out your dosage 3rd fuck gpd:thumbup:

[Avocado]

Originally Posted by handyman

With all do respect Avocado, isn't against the law to talk on your cell while driving?

Yes it is.....but I think they cannot pull you over for that alone ...there must be another infraction. If the Officer said he pulld you over for "Cell Phone"....might be a issue....never the less....Get A Lawyer!

[jd123]

Originally Posted by Avocado

Yes it is.....but I think they cannot pull you over for that alone ...there must be another infraction. If the Officer said he pulld you over for "Cell Phone"....might be a issue....never the less....Get A Lawyer!

as of the beggining of 09 it is now primary enforcment in CA. there pulling people over left and right for it now. and the fine racks up quick for multiple offenses.

http://www.answerbag.com/q_view/327672

no offense outkast but you walked right into this. if you lie to the cops, even if your not breaking the law, they will still use those lies to make you lose credibility in court. the system sucks i know. but you shouldnt be talking on the phone while driving while in possesion of a half O, or carrying a scale when your in possesion of a half O. if your going to pick up meds, leave your scale at home (you shouldnt be weighing a half ounce in your car anyway), drive careful, and dont give cops a reason to pull you over. if your gonna go out somewhere, weigh out your doses ahead of time and only bring what your gonna smoke. THINK AHEAD. for sure get a lawyer tho. id contat the asa too, see what they have to say.

heres some useful legal info

http://www.safeaccessnow.org/section.php?id=327

Originally Posted by outkastoutlaw13

I only told them that the medicine is mine and the scale is for work, not the marijuana.

That's where you messed up.

It's so damn easy to tell the truth, I don't know why people just can't do it. Sorry, but that's the real deal. If you were really an outcast, you'd tell the truth proudly. That's what outcasts do. That's why people become outcasts. For speaking the uncomfortable truth. Because our society is controlled by liars and lies, to tell the truth makes you the enemy/outcast.

I'm an outcast. You are not. I know my own kind when I see them. I think you made that username just to look cool.

[docdoom420]

Originally Posted by jayaregee

i think having the scale really fucked you.

yeah it does... made u look like ur intenting to sell. just stating the obvious

hope somehow, someway you can get out of this one. fight for your jewler rights... if you are one

[VooDoo Chile]

Originally Posted by Cannabliss

That's where you messed up.

It's so damn easy to tell the truth, I don't know why people just can't do it. Sorry, but that's the real deal. If you were really an outcast, you'd tell the truth proudly. That's what outcasts do. That's why people become outcasts. For speaking the uncomfortable truth. Because our society is controlled by liars and lies, to tell the truth makes you the enemy/outcast.

I'm an outcast. You are not. I know my own kind when I see them. I think you made that username just to look cool.

Um, you are aware of the hip-hop dudes called outkast, right?

Originally Posted by VooDoo Chile

Um, you are aware of the hip-hop dudes called outkast, right?

I am aware. How does that relate to this?

[VooDoo Chile]

Originally Posted by Cannabliss

I am aware. How does that relate to this?

Well, you made it a point to bag on the guy's user name. You assumed he was labeling himself an "outkast," then went on to tell him that he's not a true outkast like yourself.

I'm saying that perhaps he chose the name as a reference to the rappers, especially since he's spelling the word exactly the same way they spell it. Of course, neither of us knows why he chose that name; frankly, it's not really our business. But, seriously, c'mon dude. This guy asked for help, not a lecture on why he's not a real badass. Lighten up!