[zebrasmoke]

so after leaving court for the FIFTH time this year, i have a trial date set. for a whopping 5. somethin gram possesion WITH a REC. after reveiwing my DR.s medical notes and exam. records privately, the judge has determined that she "dosent beleive she can dismiss this case". what a bunch of bullshit. i have done everything she has requested, except attaining a lawyer, and disclosing my records to the DA. so i am going to a jury trial. they cannot do this, and completely disregard the CUA, specifically 11362.7 h (12) (B). i have not gotten an attorney cuz i cant afford it, and i shouldnt even need it for this case. the judge and the DA refuse to call and verify, so i will fight, and i am being advised to file civil proceedings against the judge and city, as well. if any of you are willing to show up for support, that would be awesome. i am planning on getting my county card next week ,hopefully, thinking this might negate the trial, and such. i am tired of my time being wasted. this city MUST obey the law. we MUST hold our cities RESPONSIBLE for abuses of power.


my trial date is set for oct.14, pasadena courthouse dept. N

[kennabis]

i'll be there for sure. they are tuff in your city, sounds like they realize they have an educated citizen/slave on their hands. these folks are not used to citizens/slaves actually standing up for "themselfs". i admire your follow thru, hang in there....

best wishes to ya z

[Huey69]

I remember reading your other threads about this incident. All this sounds absurd and I can only imagine draining for yourself. I hope this case gets thrown out like it rightfully should.

[BrattonBasher]

I aint no attorney, but have you considered filing for a change in venue? This might at least have to be considered. You have run into some really f'ed up people in our system, who want to waste everyones time and money. What a shame!!!

Hey Z,

I'll be in school at that time but I'll see what I can do. You should call the ACLU, they have a drug policy group. You should also call LEAP, they have an OC judge that may speak on your behalf. You should call Noah from ASA tomorrow. You should contact the local press. You need to make a lot of phone calls and get people involved. YOU NEED HELP and doing it yourself aint working.

Is there a way to make a formal complaint about that judge? Did you show her the AG's guidelines?

Did you tell the public defender's office you need another public defender yet?

[halosmoker420]

In solidarity my friend... keep the faith - you have herbalicous on your side and the rest of the WT family. Stay strong you will prevail

In addition to what herbalicous has said... the question that first comes to mind is:
What is a judge reviewing medical records... last I checked a Jurist Doctrate does not trump a MD on medical necessity. -

[dorknob]

what a bunch of horse puckey i would complain to state judicial board file a concurrent civil lawsuit with your criminal trial.write lettes to local paper whatever works when is your court date?keep filing for motions to dismiss,as legal record of their lack of jurisprudednce,and official record of incompetance.also call your doctor,and have him call the d.a. office.you want to do everything in your power to prove what worthless backloading p.o.s. these incompetants are.

[evilstevo]

whats our plan?

[surfduck420]

Originally Posted by zebrasmoke

so after leaving court for the FIFTH time this year, i have a trial date set. for a whopping 5. somethin gram possesion WITH a REC. after reveiwing my DR.s medical notes and exam. records privately, the judge has determined that she "dosent beleive she can dismiss this case". what a bunch of bullshit. i have done everything she has requested, except attaining a lawyer, and disclosing my records to the DA. so i am going to a jury trial. they cannot do this, and completely disregard the CUA, specifically 11362.7 h (12) (B). i have not gotten an attorney cuz i cant afford it, and i shouldnt even need it for this case. the judge and the DA refuse to call and verify, so i will fight, and i am being advised to file civil proceedings against the judge and city, as well. if any of you are willing to show up for support, that would be awesome. i am planning on getting my county card next week ,hopefully, thinking this might negate the trial, and such. i am tired of my time being wasted. this city MUST obey the law. we MUST hold our cities RESPONSIBLE for abuses of power.


my trial date is set for oct.14, pasadena courthouse dept. N

pleaSE contact me i have a great lawyer i'm sure you can talk to him for free jusyt let me know..

[OGUNIT]

Originally Posted by zebrasmoke

so after leaving court for the FIFTH time this year, i have a trial date set. for a whopping 5. somethin gram possesion WITH a REC. after reveiwing my DR.s medical notes and exam. records privately, the judge has determined that she "dosent beleive she can dismiss this case". what a bunch of bullshit. i have done everything she has requested, except attaining a lawyer, and disclosing my records to the DA. so i am going to a jury trial. they cannot do this, and completely disregard the CUA, specifically 11362.7 h (12) (B). i have not gotten an attorney cuz i cant afford it, and i shouldnt even need it for this case. the judge and the DA refuse to call and verify, so i will fight, and i am being advised to file civil proceedings against the judge and city, as well. if any of you are willing to show up for support, that would be awesome. i am planning on getting my county card next week ,hopefully, thinking this might negate the trial, and such. i am tired of my time being wasted. this city MUST obey the law. we MUST hold our cities RESPONSIBLE for abuses of power.


my trial date is set for oct.14, pasadena courthouse dept. N

You must get a lawyer . Isnt anything under a Ounce a misdermenor ticket ? I had posesseion with NO rec and it was a fine , a ticket . I paid it at the court building. It was around 350$ .. No biggie . This sounds crazy for 5 grams, why a court date ? Did they offer you pay a fine ?
Guide to California's Marijuana Laws

Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine. Jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). However, under Prop 36, effective July 1, 2001, first- and second- time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal use cultivation) offenders can also avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.


Possession of one ounce or less in a vehicle while driving may also be charged under Vehicle Code 23222, which is treated identically to HSC 11357 B.


No arrest or imprisonment is allowed for possession of less than one ounce of marijuana. However, police often get around this provision by charging minor offenders with intent to sell (see below).


Marijuana defined. "Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the steilized seed of the plant which is incapable of germination" (H&SC 11018).


Possession with intent to sell any amount of marijuana is a felony under Health and Safety Code 11359. Police often charge intent to sell if they see such indicia as: scales, cash, multiple packages, "commercial" packaging materials, "excessive" quantity, pay-owe seets, address books, pagers, etc.


Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.



Medical marijuana: Medical patients and their designated primary caregivers may legally possess and cultivate, but not distribute or sell, marijuana under Health and Safety Code 11362.5 (Prop 215) if they have a physician's recommendation or approval.


Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360. Transporting or giving away one ounce or less is a misdemeanor punishable by a maximum $100 fine.


Sale or distribution to minors is a felony under Health and Safety Code 11361.


Marijuana paraphernalia are illegal to sell or manufacture, but not possess, under Health and Safety Code 11364. All marijuana paraphernalia are subject to seizure by the police.


Driving suspension for minors: Any minor (age under 21) convicted of any marijuana, alcohol, or other drug offense faces a 12-month drivers license suspension, regardless of whether the offense was driving-related. The court may allow restricted license privileges if the minor demonstrates a "critical need to drive." Vehicle Code 13202.5. (Note: This penalty can be avoided by entering a diversion program).


Driving under the influence: It is unlawful to drive while under the influence of marijuana (or alcohol or any other drug) by Vehicle Code 23152. "Under the influence" is not specifically defined in the statute, but is interpreted to imply some degree of impairment. Therefore the mere fact of having taken a toke of marijuana does not necessarily mean one is DUI. For evidence of impairment, officers may administer a field sobriety test. Arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612. Since marijuana is detectable for much longer periods in urine than in blood (several days vs. several hours), a positive urine test constitutes much weaker proof of recent use and impairment than a positive blood test. If you haven't smoked marijuana recently and are not under the influence, you are better off to choose a blood test, since you will probably pass it. However, if you are a chronic smoker or have smoked recently, you are better off to choose a urine test; even though you can expect to test positive, the question will at least remain open as to whether you were actually "under the influence" at time of arrest.

Marijuana in a Vehicle: Drivers found in possession of less than one ounce of marijuana in their vehicle are liable for a maximum $100 misdemeanor fine under Vehicle Code 23222 (larger amounts are punishable under H&SC 11357(a) and 11359).


Forfeiture: Unlike federal law, California law requires a conviction for forfeiture of property involved in a drug crime. Also unlike federal law, state law does not permit forfeiture of personal real estate for marijuana cultivation. Vehicles may be forfeited only if 10 pounds or more of marijuana is involved. Health and Safety Code 11470.


California Law search full text of codes: www.leginfo.ca.gov/calaw.html


Federal Law: Marijuana is also illegal under the federal Controlled Substances Act. Federal charges are typically brought only in large cases where commercial distribution is suspected (e.g., cultivation of several hundred plants).


Text of the Controlled Substances Act.
These are the laws If they DONT recognize medical marijuana into consideration .

[FARMER]

Well well well, my little droogey. Seems to be the concensus on this thread that you need a suit and tie, kid. By that I mean a lawyer, baby. Enough's enough man. This has taken how much of your life now and correct me if I'm wrong but is time not money meaning isn't yours valuable?

Why ya so hard headed? Is it because you're a dang bike kid? You know what Seuscio says about thin wheelers. Don't be thin minded, Z.

[SwampThing]

I wish I could offer you some hope. I had a possesion charge dropped in Torrance after my second court visit. It sounds like the judge knows you can not afford a lawyer and is just willing to waste our tax dollars to "wait you out" so you'll plead to some silly charge instead of getting to enjoy your rights. You are in a spot I did not want to be.....but a lawyer knows all your rights and the mumbo jumbo legal talk!

[zebrasmoke]

yes herb, i am filing a "claim" with the city, which they will deny. [U]then[U] i am allowed civil alternatives.

halo, the judge reviewed my records in private as an "in camera" proceeding, to consider dismissal, and to confirm a medical defense. thats why i didnt want the DA to look at it. they can request my med. records be withheld from evidence before trial, negating the possibility of a medical defense.

dorknob, my dr. assistant called the DA, and the DA whined to the judge that he would not discuss the case with anyone including the dr., staing they have no business calling his office if they donot have a case.

og, its actually an infraction, lower than a misdemeanor, i think. $100 dollar fine, plus assesment. but i WILL NOT cowtow to these ignorant pricks. i have followed the law and will not be intimidated.

Farmer, i told u, if i could afford one, i would. but the only suit and tie i can afford is silk-screened on a t-shirt. short-sleeve, even. public pretenders are less than worthless there.

swamp, this is the SECOND possesion charge in less than a year. first one was dismissed in "intrest of justice" 10 mos prior to the cite. different judge, less intrested in justice, mebe? but i will NOT plead, or take any deals or NA classes, because i did NOTHING wrong. i wasnt smoking, rolling or flaunting in any way. meds were stored safely in my backpack in ziplock bags WITH MEDICAL LABELS CLEARLY AFFIXED. this is nothing more than abuse of power and i will fight as far as i need to.

i really didnt want to go after the city. im not a frivolous person, hate lawsuits period. but more and more i am recognizing that the only way to get our government, and state "officials" to stop their abuses of power is to fight back in the only spot that appears to get any results, and that is in their coffers. only when it gets too expensive to prosecute every legit patient, will they cease this idiotic bull sh!t.

Z

[FARMER]

Originally Posted by zebrasmoke

Farmer, i told u, if i could afford one, i would. but the only suit and tie i can afford is silk-screened on a t-shirt. short-sleeve, even. public pretenders are less than worthless there.

"BLAH, BLAH, BLAH..." You know Z, as well as I, that there are a number of legal groups in this city who offer their services, sometimes even donating them to people such as yourself who can't afford to pay the legal fees needed to make sure they are represented properly. Have you honestly exhausted all these resources?

DO YOU HAVE A DEATHWISH or do you believe you walk on water and will be able to continue to "represent" yourself until you can part the seas and head out of Pasadena unscathed?


Z...What's in the vape bag, you been smokin' on?

[dorknob]

just keep filing motions don't let the judge not repond to to your motion do your legal reasearch if they want to waste your time and thiers so be it.write letters post their addresses and phone numbers do a personal search,and give their phone number out and mailing address.I wouldnt mind calling.also record everything get one of those personal voice recorders, force the d.a. to respond to you in person not illegal to do so,just keep showing up,and filing appropriate motions to have your case dismissed.i would tell the d.a. and the judge that you have asked the appropriate review boards for judicial misconduct civil rights violation unruh act whatever is appropriate and germane.
call a.s.a. legal aid a.c.l.u. anyone that can help you dismiss this crap,jury trial that is great!what a waste of taxpayer money. i would tell the d.a. your going to take out a wanted sign in the local newspaper with his face on it for discrimination,and wasting the taxpayers money.hell i would find the people that lost to him in his election and see if they would help you at all.also find anyone with a grudge or dislike of either one of these malicious bureaucrats to see if they would help also.
you have the right to a fair and speedy trial demand a a jury trial or dismissal,and anything they deny is officail record for an appeal which may be for evidence or error in procedure upon judges part.don't let these
fucks cost you money any more then it costs you time.keep fighting don't give up do your research I have been in tighter spots than the b.s.your facing.

[evilstevo]

good luck on your trial comming up. check out this link.

http://www.safeaccessnow.org/article.php?id=4739

[happyjack]

I just got some fantastic news... zebrasmoke's CASE WAS DISMISSED!!!

:sbounce: :sbounce:

[BrattonBasher]

Originally Posted by happyjack

I just got some fantastic news... zebrasmoke's CASE WAS DISMISSED!!!

:sbounce: :sbounce:

YEAH BABY!!!

Although I had a fantasy about the abhorrant treatment given Zebra coming to light in a sympathetic court.

[satch]

Thats great!!:partysmile:

[misleadingcolours]

Rockin! Smoke a fattie Zebra!!! ;D

[dorknob]

great news now continue with civil claim those bastards should pay for wasting everyones time and for each patient who had a recommend and copped a plea before zebrasmokes pasadena court those peestain fucknutz need powdered wigs to go with their jurisprudence.

[BabyBoomer]

Originally Posted by dorknob

great news now continue with civil claim those bastards should pay for wasting everyones time and for each patient who had a recommend and copped a plea before zebrasmokes pasadena court those peestain fucknutz need powdered wigs to go with their jurisprudence.

I agree. What a waste of our tax dollars with this kind of poop. Sue this judge and make her reschedule her life six times.

Hugs to ya Zebrasmokes.

[ladyknight]

WTG Zebrasmoke!

[zebrasmoke]

yes, today feels great. i am going in to court again today to get the minutes, so i can request my meds back. tho my court days are not over yet, i am definetly in control now. i am a free zebra. after threatening the disHONORABLE Suzette Clover with amer. bar assoc. sanctions, she got flustered, refused to hear anything else from me, and sent me to trial court upstairs. as soon as the new judge, Honorable teri schwartz (spelling? farmer, help me out here!) saw that it was a MEDICAL case, she gave an obvious shudder. she looked at the DA,( mike boseley) and asked him if my rec was valid. "as far as we know, its a valid script" he feebly responded. she then reprimanded him, informing him not to waste time on a hundred dollar fine, with a case he wont win, because i have a valid mmj rec. she informed him that SHE is in litigation at this time on such a case already, so she has some knowledge about the law. however, she also claimed on the record, as a JUDGE SITTING ON THE BENCH, that she doesnt really understand or know the laws regarding mmj, just that with a rec, a person DOES in FACT have a VALID defense against possesion. very empowering to hear everything i've said in court be reaffirmed by one of THEM. she then dismissed my case, embarrassing the DA who walked out with his head down. farmer and myself were so ecstatic, we forgot to ask for my meds back! so... i went back in, but was told i had to wait til today to get the minutes of the court, so i could go to PAS PD and request return of property. tho courts not over for me yet, i am now the aggressor, not the victim. i do plan on making the city aware of the gross misconduct and misspending of resources, as well as getting ALL my lost hours of sleep repaid(alot, considering the anxiety/depression diag. WRITTEN ON MY REC!). this city will not loom in the shadows for long, hopefully it will be as notorious as garden grove for the abuses its legal counsel is committing.

thank you all for the support and prayers over the last few months. i appreciate it, and beleive you all contributyed to my victory, just by being there in thought.

we, as a community, are much more powerful than we think. if we stand up, and see this thru, we WILL free this plant, for all people, everywhere. we just need to remain diligent. do not give up. EVEN when everyone around you is voicing that you cannot win. you can. be diligent, be logical, and you will persevere.

Z

[BrattonBasher]

Originally Posted by zebrasmoke

yes, today feels great. i am going in to court again today to get the minutes, so i can request my meds back. tho my court days are not over yet, i am definetly in control now. i am a free zebra. after threatening the disHONORABLE Suzette Clover with amer. bar assoc. sanctions, she got flustered, refused to hear anything else from me, and sent me to trial court upstairs. as soon as the new judge, Honorable teri schwartz (spelling? farmer, help me out here!) saw that it was a MEDICAL case, she gave an obvious shudder. she looked at the DA,( mike boseley) and asked him if my rec was valid. "as far as we know, its a valid script" he feebly responded. she then reprimanded him, informing him not to waste time on a hundred dollar fine, with a case he wont win, because i have a valid mmj rec. she informed him that SHE is in litigation at this time on such a case already, so she has some knowledge about the law. however, she also claimed on the record, as a JUDGE SITTING ON THE BENCH, that she doesnt really understand or know the laws regarding mmj, just that with a rec, a person DOES in FACT have a VALID defense against possesion. very empowering to hear everything i've said in court be reaffirmed by one of THEM. she then dismissed my case, embarrassing the DA who walked out with his head down. farmer and myself were so ecstatic, we forgot to ask for my meds back! so... i went back in, but was told i had to wait til today to get the minutes of the court, so i could go to PAS PD and request return of property. tho courts not over for me yet, i am now the aggressor, not the victim. i do plan on making the city aware of the gross misconduct and misspending of resources, as well as getting ALL my lost hours of sleep repaid(alot, considering the anxiety/depression diag. WRITTEN ON MY REC!). this city will not loom in the shadows for long, hopefully it will be as notorious as garden grove for the abuses its legal counsel is committing.

thank you all for the support and prayers over the last few months. i appreciate it, and beleive you all contributyed to my victory, just by being there in thought.

we, as a community, are much more powerful than we think. if we stand up, and see this thru, we WILL free this plant, for all people, everywhere. we just need to remain diligent. do not give up. EVEN when everyone around you is voicing that you cannot win. you can. be diligent, be logical, and you will persevere.

Z

Yours is a very important case Zebra, my friend. Because Pasadena dug their heels into the ground when you provided a legit rec, it's time for a hard lesson to be learned over there. The Bar should know about the conduct of all involved. They purposly put you through the ringer and wasted precious money on a turkey of a case. We wish you well, and would appreciate updates on your righteous crusade against gross abusive treatment!