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Court Support Come down and support those who got in a little trouble with the man.

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Old 10-30-2007, 11:05 AM   #1 (permalink)
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VICTORY is so sweet

So yesterday I went for yet another Preliminary Hearing to my possession of hash. In case those of you dont know, I was arrested on Cinco De Mayo in Newport Beach for having .2 grams of hash on me.

After 5 months of going through the court system it is now over. Went in yesterday with my attorney and stated that we were ready to proceed with the preliminary hearing, had my witness there to testify that I did in fact present my medical documentation to the officer and that the officer witheld the evidence from the courts since he never entered it into the evidence log.

My attorney talks to the prelim prosecutor regarding this asking if the cop was trying to make their case stronger by not submitting this crucial piece of information. The prosecutor was completely oblivious as to what the law says and kept referring to my recommendation as a prescription, after explaining to her that they do not give prescriptions and that it is a recommendation she stated that they did not have this in my file. Jesus you got to be fuckin me with this crap, this is the second time we have given this to the prosecutor and now they just mysteriously lose it. The DA goes downstairs to their office to talk to the officer and a higher up DA that knows about the laws.

After 30 minutes the DA walks back upstairs and informs us the they will be dropping the case and that they grilled the officer for not submitting this documentation as evidence. Needless to say 5 months later and thousands of dollars spent I am officially free and clear of the bullshit.

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Old 10-30-2007, 11:08 AM   #2 (permalink)
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Re: VICTORY is so sweet

yay Chris!

Any chance you'll get your bail money back?
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Old 10-30-2007, 11:09 AM   #3 (permalink)
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Re: VICTORY is so sweet

congrats!!!! bet you're elated to have that monkey off your back.
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Old 10-30-2007, 11:11 AM   #4 (permalink)
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Re: VICTORY is so sweet

sorry you had to go thru that but at least others now will hopefully see the light and stop arresting patients

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Old 10-30-2007, 11:12 AM   #5 (permalink)
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Re: VICTORY is so sweet

Right on bro...congrats! Sucks they made you go through all of that shit though.

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Old 10-30-2007, 11:14 AM   #6 (permalink)
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Re: VICTORY is so sweet

Quote:
Originally Posted by jimichunga View Post
yay Chris!

Any chance you'll get your bail money back?
I wish but that appears to be a lost cause. The only way I can get it back is by filing a civil suit. After speaking to my Attorney about this since I was originally planning on suing the county he informed me that it would cost on average of $60,000 to $70,000 for the case since if we were to win the county would just appeal it and keep it in appeals. Pretty much my attorney said that if I had a money backer or had a substantial amount of money it would be worth taking the chance to fight it but just being a normal working stiff it would be a waste of money since there is no guarentee that I would win anyways.

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Old 10-30-2007, 11:15 AM   #7 (permalink)
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Re: VICTORY is so sweet

Quote:
Originally Posted by CBDTHCCBN View Post
congrats!!!! bet you're elated to have that monkey off your back.

Oh man you can only imagine, when I heard the judge say case dismissed and my bail was exonerated it was like a 1000 pound weight was lifted off of me.

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Old 10-30-2007, 11:17 AM   #8 (permalink)
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Re: VICTORY is so sweet

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I wish but that appears to be a lost cause. The only way I can get it back is by filing a civil suit. After speaking to my Attorney about this since I was originally planning on suing the county he informed me that it would cost on average of $60,000 to $70,000 for the case since if we were to win the county would just appeal it and keep it in appeals. Pretty much my attorney said that if I had a money backer or had a substantial amount of money it would be worth taking the chance to fight it but just being a normal working stiff it would be a waste of money since there is no guarentee that I would win anyways.
exactly! damn state still has 25k of mine tied up, and it'll cost me three times that to get it back! doesn't make sense, but the cost of my freedom is priceless!
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Old 10-30-2007, 11:18 AM   #9 (permalink)
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Re: VICTORY is so sweet

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Originally Posted by CBDTHCCBN View Post
exactly! damn state still has 25k of mine tied up, and it'll cost me three times that to get it back! doesn't make sense, but the cost of my freedom is priceless!
I hear that. It was not cheap for my legal fees to get out of this but you know what if it means that I can still walk down the street with all my rights then in my opinion it was well worth it.

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Old 10-30-2007, 11:22 AM   #10 (permalink)
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Re: VICTORY is so sweet

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Originally Posted by Medpatient View Post
I hear that. It was not cheap for my legal fees to get out of this but you know what if it means that I can still walk down the street with all my rights then in my opinion it was well worth it.
exactly my brother! i'll give up everything i have going on if it meant my freedom. really glad to hear it turned out so good. lol bet life is a lot more stress free, LOL and i bet medicating now is pure joy. right on brother! 1 for us!
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Old 10-30-2007, 11:22 AM   #11 (permalink)
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Re: VICTORY is so sweet

Quote:
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I hear that. It was not cheap for my legal fees to get out of this but you know what if it means that I can still walk down the street with all my rights then in my opinion it was well worth it.
totally agree too.
Glad to hear that your case was dismissed. So nice to get that weight off your shoulders. Congrats !!
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Old 10-30-2007, 11:31 AM   #12 (permalink)
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Re: VICTORY is so sweet

I hope that the results of my case will give those who are going through the same situation hope that their case will go the same way. I will honestly say hearing someone tell you that they want to throw you in jail cause of a medication that your dr. has recommended for you is a trying time emotionally and mentally.

It seemed like for so long there was no light at the end of this tunnel and at many times I just wanted to give up and throw in the towel cause I did not know how much more I could take but I stuck it out and everything turned out alright.

All I can say for those in this situation is keep your head up, dont let the DA or anyone else push you into a plea. Remember this law is here to protect us and fight, fight, fight to make then uphold this law. It may seem as though it will never end but sooner or later it will be over and justice will prevail.

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Old 10-30-2007, 11:36 AM   #13 (permalink)
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Re: VICTORY is so sweet

congrats big dog..Glad everything worked out for you...ghdf
 
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Old 10-30-2007, 11:42 AM   #14 (permalink)
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Re: VICTORY is so sweet

FINALLY! took 'em long enough...glad to hear the whole thing is over...
 
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Old 10-30-2007, 11:49 AM   #15 (permalink)
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Re: VICTORY is so sweet

did they give you back the hash???i'd ask for it back...congrats...high
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Old 10-30-2007, 11:53 AM   #16 (permalink)
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Re: VICTORY is so sweet

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did they give you back the hash???i'd ask for it back...congrats...high
not yet, we will be asking for a return of property order and see where that goes, I would love to be able to walk into the police department with an order and stand there watching them while they are forced to give me my meds back they took.

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Old 10-30-2007, 02:14 PM   #17 (permalink)
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Thumbs up Re: VICTORY is so sweet

Well, congrats on the victory dispite the costs. It isn't easy to stand tall against the system even when right...

I tip my hat.

Sorry for the troubles and lost $'s...

ETA...

See you on the High Seas. ARRRGGGHHhhh mate... ;)

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Old 10-30-2007, 02:50 PM   #18 (permalink)
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Re: VICTORY is so sweet

right on! such good news
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Old 10-30-2007, 03:33 PM   #19 (permalink)
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Re: VICTORY is so sweet

EXCELLENT!

CONGRATULATIONS



Peace,
zb1

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Old 10-30-2007, 03:36 PM   #20 (permalink)
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Re: VICTORY is so sweet

DUDE IT MUST BE AN EXTREMELY Large weight taken off ur back.....


Great new boss


CELEBRATION TIME C'MOM!!!!!
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Old 10-30-2007, 03:49 PM   #21 (permalink)
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Re: VICTORY is so sweet

Fantastic! Now it is time to make them pay. Drag them through several pretrial motion hearings. Depose the frickin' pig that withheld evidence, etc. Then collect "reasonable" attorney's fees.
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Old 10-30-2007, 03:54 PM   #22 (permalink)
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Re: VICTORY is so sweet

Since ya been there ,hopefully ,ya won't leave house w/ more than can be stuffed in single hitter ... just b sure to fire it up at least once befor leaving ,avoiding detection of any telltale 'exotics' ... that is all .....
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Old 10-30-2007, 04:41 PM   #23 (permalink)
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Re: VICTORY is so sweet

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Fucking aye, Chris!

Thank you!

Now, sue the shit out of the police, the prosecutors...whoever contributed to the harassment of you!

WE WON ANOTHER ONE!!!

Give this man a BIG bowl of hash!
you know what, i'm all for suing the city, police dept, bldg. dept, whomever was there when they took you down...but there is another side to this coin. it definitly is an e ticket ride straight to the DEA, because if the state didn't prosecute you, and federally they get wind of it, they will come after you to make a point. i have paraphrased exactly what my attorney has told me. so, if you do decide to do that, be careful, because the feds have everything they need to convict you, and lock you up. trust me, you sue, you'll piss a lot of people off.
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Old 10-30-2007, 04:46 PM   #24 (permalink)
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Re: VICTORY is so sweet

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Originally Posted by CBDTHCCBN View Post
you know what, i'm all for suing the city, police dept, bldg. dept, whomever was there when they took you down...but there is another side to this coin. it definitly is an e ticket ride straight to the DEA, because if the state didn't prosecute you, and federally they get wind of it, they will come after you to make a point. i have paraphrased exactly what my attorney has told me. so, if you do decide to do that, be careful, because the feds have everything they need to convict you, and lock you up. trust me, you sue, you'll piss a lot of people off.
I'd be very very surprised to hear of a single federal prosecution of possession. DEA goes after distribution.
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Old 10-30-2007, 04:56 PM   #25 (permalink)
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Re: VICTORY is so sweet

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Originally Posted by jimichunga View Post
I'd be very very surprised to hear of a single federal prosecution of possession. DEA goes after distribution.
make enough noise about it, you'll get a visit. let's hope and pray for whatever reason they don't decide to make this a first.

Last edited by CBDTHCCBN; 10-30-2007 at 05:00 PM..
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