[Medpatient]

So I have a question for the members of this board. I would like to hear from anyone who has had a public defender represent them in a MMJ case. I do not have the money to hire an attorney so please anyone responding do not tell me I will need one that is not an option.

So my question is this, did you feel that your PD was competent in MMJ laws. If not how was the case handled. I have everything I need to go into court with to educate my PD with when they are assigned to me at my arraignment.

[jimichunga]

Originally Posted by Medpatient

So I have a question for the members of this board. I would like to hear from anyone who has had a public defender represent them in a MMJ case. I do not have the money to hire an attorney so please anyone responding do not tell me I will need one that is not an option.

So my question is this, did you feel that your PD was competent in MMJ laws. If not how was the case handled. I have everything I need to go into court with to educate my PD with when they are assigned to me at my arraignment.

I had an arraignment yesterday...the first one with my PD. Lets just say he was not veryy mmj-savvy. The DA wants to suspend my license for a year for having +28 grams. He asked me if i wanted to take the deal and i asked if he was kidding.

Another court date on the 20th.

Its hard to fathom that we have the 'best' justice system in the world.

[Medpatient]

Originally Posted by jimichunga

I had an arraignment yesterday...the first one with my PD. Lets just say he was not veryy mmj-savvy. The DA wants to suspend my license for a year for having +28 grams. He asked me if i wanted to take the deal and i asked if he was kidding.

Another court date on the 20th.

Its hard to fathom that we have the 'best' justice system in the world.

Are you kidding suspend your liscense for a year, what a joke. What did the DA have to say to the fact that you are a medical patient. I am assuming he didnt give two shits.

Medpatient i have had to use a PD before (not for a MMJ related case) but they did at least represent me fairly.....

with all of your knowledge, i am sure this is going to turn out ok.....please keep us all up to date with your case......i pray that all of this turns out ok for you and your family

[Medpatient]

Originally Posted by jimichunga

I had an arraignment yesterday...the first one with my PD. Lets just say he was not veryy mmj-savvy. The DA wants to suspend my license for a year for having +28 grams. He asked me if i wanted to take the deal and i asked if he was kidding.

Another court date on the 20th.

Its hard to fathom that we have the 'best' justice system in the world.

Now your court date on the 20th, is that the pre trial or what exactly would this date consist for you.

[Medpatient]

Originally Posted by lil_missy74

Medpatient i have had to use a PD before (not for a MMJ related case) but they did at least represent me fairly.....

with all of your knowledge, i am sure this is going to turn out ok.....please keep us all up to date with your case......i pray that all of this turns out ok for you and your family

Thank you missy I appreciate the kind words, if anyone on this board knows, you know I have a very very good knowledge of the MMJ laws and have actually debated officers in the field regarding the laws.

I cant lie, I am nervous, seeing them wanting to charge me with a felony for having in my possesion what I am legally entitled to have is a little nerve racking and really dont want to be put back in a jail cell again as that was no fun at all.

I've found, unfortunately that most lawyers seem to be all but clueless when it comes to MMJ. I can't talk about the specifics of my personal experience, but I can say I had to hire a lawyer for another reason OTHER than MMJ, but where the MMJ was an issue in that regard, and the first 2 lawyers I tried were so uninformed, I had to decline their services until I found someone that actually understood the law.

[jimichunga]

Originally Posted by Medpatient

Are you kidding suspend your liscense for a year, what a joke. What did the DA have to say to the fact that you are a medical patient. I am assuming he didnt give two shits.

She (DA) is a complete bull ****. A pregnant one at that, which i find an oddity....artificial insemination is my gues.

Originally Posted by Medpatient

Now your court date on the 20th, is that the pre trial or what exactly would this date consist for you.

Pretrial, i have 2 mmj counts and a bogus switchblade count that im trying to get dropped. My PD is actually not that bad in all honesty. He set a trial date to get this bitch in gear.

Originally Posted by lovethehash

I've found, unfortunately that most lawyers seem to be all but clueless when it comes to MMJ. I can't talk about the specifics of my personal experience, but I can say I had to hire a lawyer for another reason OTHER than MMJ, but where the MMJ was an issue in that regard, and the first 2 lawyers I tried were so uninformed, I had to decline their services until I found someone that actually understood the law.

Agreed.

[Medpatient]

Originally Posted by jimichunga

She (DA) is a complete bull ****. A pregnant one at that, which i find an oddity....artificial insemination is my gues.



Pretrial, i have 2 mmj counts and a bogus switchblade count that im trying to get dropped. My PD is actually not that bad in all honesty. He set a trial date to get this bitch in gear.






Agreed.

I wish you the best of luck with your case. It sucks that as valid patients that we must go through this but until the police get on the same page and start following all state laws, these are the hoops that we have to jump through I guess.

[Capt. Zigzag]

Originally Posted by Medpatient

...I cant lie, I am nervous, seeing them wanting to charge me with a felony for having in my possesion what I am legally entitled to have is a little nerve racking and really dont want to be put back in a jail cell again as that was no fun at all.

Now stop this.

This is what's going on with them right now.

THEY KNOW THEY ARE GOING TO LOOSE. They offered the deal in the first place to get a pound of flesh. Now that you have declined, they are going after as much of your money/time/job/emotions as they can get. I've seen this time and time again. That is how they work. Their hope is that you go out and spend all your money on a big time lawyer. Really.

You've done your research. When was the last time a patient in Calif. was CONVICTED for being within the laws?

Just do your PD's job for him/her. They don't have the time. When you get to court, all will be fine. What they want you to be doing. What they laugh about you doing, is sweating and going broke over this.

Relax and smile. Positive thoughts. Judges aren't blind.

-

[Landon.beaulieu]

i am interested in the effectiveness of the public defenders as well... i will be sure to let you know how mine handles the situation after my court date on the 5th of june.

[Medpatient]

Originally Posted by Capt. Zigzag

Now stop this.

This is what's going on with them right now.

THEY KNOW THEY ARE GOING TO LOOSE. They offered the deal in the first place to get a pound of flesh. Now that you have declined, they are going after as much of your money/time/job/emotions as they can get. I've seen this time and time again. That is how they work. Their hope is that you go out and spend all your money on a big time lawyer. Really.

You've done your research. When was the last time a patient in Calif. was CONVICTED for being within the laws?

Just do your PD's job for him/her. They don't have the time. When you get to court, all will be fine. What they want you to be doing. What they laugh about you doing, is sweating and going broke over this.

Relax and smile. Positive thoughts. Judges aren't blind.

-

You are definately right. I just have my ups and downs, some days I feel really good and others I stress about it, sometimes to much I think. I have faith that everything will be fine, shit I have already had one judge tell me its ok to smoke Marijuana when I went to court over child custody so that is helping me keep my head up.

[Medpatient]

Originally Posted by Landon.beaulieu

i am interested in the effectiveness of the public defenders as well... i will be sure to let you know how mine handles the situation after my court date on the 5th of june.

Yes, definately keep us informed as I will keep everyone informed on my situation. If my experience helps one patient stay out of harms way from the police and not have to go through the same situation then I am happy to have went through it.

[ANTISHEEP]

Originally Posted by Capt. Zigzag

Just do your PD's job for him/her. They don't have the time. When you get to court, all will be fine. What they want you to be doing. What they laugh about you doing, is sweating and going broke over this.

Relax and smile. Positive thoughts. Judges aren't blind.

-

Unfortunitely, most Public Offenders are complete jokes, especially when it comes to MMJ. I haven't had one rep. me in an MMJ case but they have in MJ cases prior to 215. I've also seen and know first hand how they take a stack of cases back with the DA and basically play duck, duck, goose in choosing who has hell to pay and who gets a pass.

You should come across as an intelligent, hard working, responsible, well spoken and positive member of your community. When the PD sees that, they communicate that w/ the DA and when the DA actually sees it with their own eyes, they usually will work with the PD. And like ZZag said. Judges aren't blind. A lot might be power hungry aholes but not blind to righteousness.
Good luck, do your homework and think positive.

[ASA Field]

Originally Posted by ANTISHEEP

Unfortunitely, most Public Offenders are complete jokes, especially when it comes to MMJ.

Unfortunately, many PDs are just uneducated on medical cannabis. While this is not acceptable, we should give them some slack and realize their limitations. If you are assigned a PD who knows little about mmj, please either call ASA directly or have your PD call. ASA's chief counsel will speak to your PD directly and will help with the case. The number is 510-251-1856.

Also, please always refer PDs and private attorneys to ASA's publication, How to Defend a Medical Marijuana Patient.

[godisred]

They don't call PDs Dump Trucks for nothing.

Some are good, but they are far and few between.

If the CA law states that you are allowed too use mmj then why the stress? It does not matter what the police or the DA wants, they must follow the law. Unless of course this is a Federal Court.

Capt. Zigzag is 100% right, they have a weak case or they wouldn't have offered the deal.

I'm curious at what the max is you face since you didn't take the deal?

Don't stress all will be fine, you have the law on your side.

[Medpatient]

Originally Posted by godisred

They don't call PDs Dump Trucks for nothing.

Some are good, but they are far and few between.

If the CA law states that you are allowed too use mmj then why the stress? It does not matter what the police or the DA wants, they must follow the law. Unless of course this is a Federal Court.

Capt. Zigzag is 100% right, they have a weak case or they wouldn't have offered the deal.

I'm curious at what the max is you face since you didn't take the deal?

Don't stress all will be fine, you have the law on your side.

actually there hasnt been a deal given yet. I go to my arriangment on June 18th to plea not guilty. The max penalty for being convicted of a felony on 11357(a) is either 1 year in a state prison a $500 fine or both.

[godisred]

Opps I guess that deal was for jimichunga.

I doubt they would send you up state for a year, but that fine does look like something they would want and prefer. Put it this way I was busted for 459 in the first degree and only got 9 months county time and 5 years probation. I doubt that someone with a mmj possession charge would get more then I did.

I don't see why people freak out over this, if CA law gives the greenlight there is nothing the cops or DA can do, that is the bottom line.
They can waste your time and drag your to court, but the judge must rule on the side of the law.

Is there something I am missing? Some hidden words in the law I missed?

The only reason I could think of freaking out is because I had more then the law allowed or they couldn't reach my doctor.
I guess this is because I been in far worse trouble that a charge like possession means nothing to me, unless its possession with intent to sell.
Now that would have me bitting my nails.

[Medpatient]

Originally Posted by godisred

Opps I guess that deal was for jimichunga.

I doubt they would send you up state for a year, but that fine does look like something they would want and prefer.

I don't see why people freak out over this, if CA law gives the greenlight there is nothing the cops or DA can do, that is the bottom line.
They can waste your time and drag your to court, but the judge must rule on the side of the law.

Is there something I am missing? Some hidden words in the law I missed?

The only reason I could think of freaking out is because I had more then the law allowed or they couldn't reach my doctor.
I guess this is because I been in far worse trouble that a charge like possession means nothing to me, unless its possession with intent to sell.
Now that would have me bitting my nails.

I only get nervous cause I do not have much faith in our justice system and with my luck I worry I will get that one rogue judge who just does not give a shit.

[godisred]

Originally Posted by Medpatient

I only get nervous cause I do not have much faith in our justice system and with my luck I worry I will get that one rogue judge who just does not give a shit.

I been in and out of trouble my whole life and never once did the justice system fail me.
I was given fair/sometimes good sentences for each crime I was ever caught for.
My 459 charge was in front of one if Pasadena's worse judges, Terry Smerling. When the homies in the tank heard I had him they and found out I was guilty they told me to get ready to hit state.
Their first offer was 2 years state, I turned it down. Had they offerred 16 months I would have taken it. Next deal was time served to a year and it would be up to the judge. I took the offer and got 9 months. The homies back in the tank were surprised.
Most people don't like the system because they cannot admit when they broke the law. In your case CA law is 100% on your side, I don't think you have anything to worry about.

[clu_728]

medpatient hopefully this helps http://ag.ca.gov/opinions/pdfs/03-411.pdf study this and give to your pd