A lawyer, claiming medical use and illegal search and siezure all sound like GREAT ideas.
Most importantly, respect the judge.
and good luck.
court dates make me shudder. lol
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A lawyer, claiming medical use and illegal search and siezure all sound like GREAT ideas.
Most importantly, respect the judge.
and good luck.
court dates make me shudder. lol
well but not with the drug dog being there and smelled something on my jacket...I'll have a court appointed attorney, and also the lady in charge of the NORML in this state will be there with me..and no, I'm not expecting them to feel sorry for me, but to hopefully understand that I had a reason to break the law over these years and it has had absolutely no negative impact on my life..Quote:
Originally Posted by FakeBoobsRule
Mark....FBR is right.....have you spoken to a lawyer? Good god...by all means DO!!
Great advice FBR. :thumbsup:
Well have you spoken to your court appointed lawyer? What does he/she say?
I will speak to them on the day of my court I would imagine..Norma Sapp who is an individual on the state NORML is going to try and make it my way to be there for my appearance...I'm really unfamiliar with the court process..Quote:
Originally Posted by Weedhound
Yes good luck!
Well, I also got busted in December with a small amount, but I got a lawer($500), and he got the case dismissed due to illegal search. However, if a dog smelled it, I think that is a valid reason for a search.
It seems like such bull to bust people minding their own, with a little bud. I'm not too sure how well the medical plea will go over without some doctors note stating you have back pain. If you can get that it will help. I also went to court with a clean drug screen and cert of completing drug class (what a joke) to prove I wasn't an abuser, but it's probably too late for you to do that.
As I said GOOD LUCK!!! And let us know how it goes.
Markass, in this case I don't think the medical claim is going to help you much as a legal recourse, but maybe the judge will consider it in sentencing. It sounds like such a small amount that it is likely to just be a fine, right? Talk to your lawyer and the NORML people and follow their advice.
Good luck! And let us know how it goes!
Does anyone know how the search laws work if a dog smells weed on you? There was a great ACLU video on this site somewhere about how to handle yourself in different scenarios, like if you are stopped in a car, or cops come to your house on a noise complaint, or you are just walking down the street and get stopped. Basically it all added up to not consenting to any kind of searches, not lying to cops, but also not giving any information away.
So in one example a guy is walking down the street and the cop wanted to look in the guy's backpack. The lesson was to not consent to the search of the bag, and when the cop asked what is in it, just say, "I understand you have a job to do, but I don't have anything to say. Can I go now?"
The other lesson of the video was that if illegal substances or other "evidence" is in clear view, then most of your rights to refuse a further search go out the window. So if a cop sees weed in your car or your house, he can search it. What happens in the case of a dog smelling weed on you? Does that count as plain sight (plain smell)? Should you still not consent or at least say you do not consent if they ask you to empty your pockets? Anyone know how this works? You want to assert your rights but not get into any more trouble if they do have a right to search you.
I think that a trained drug detection dog "taging" you is reasonable cause to search, but I would still not concent because the reliability of the dog could be questioned in court.
I guess I'm wondering the practical matter of how you don't consent in this situation and what does it get you. Do you say, "I don't consent to being searched, but if you insist on proceding without my consent, I'll turn out my pockets." Basically, you don't want them to tase you for not cooperating, but you don't want to consent if you don't have to --- that way you might be able to argue an illegal search later. But how do you coopperate but still not give consent? Does anyone know how that is done?
I was always curious about stashing bud in backpacks and things and the cops laws here in the US with Probable cause. I mean thoes videos of "flexing your rights" and stuff are good but what happens when the cops being questioned in court. Like for instance You say no to a randomly asked search of anything. The cops have suspition so they ask you, You say no to a search they get more suspicious. ALL THEY HAVE TO DO IS SAY THEY SMELT POT AND YOUR SCREWED. And If they dont find anything, what are you going to do go file a complaint for an unessisary search. Whats that going to do besides get thrown out or ignored. You really got to hide your shit good these days. Most cops Know all the tricks of hiding stuff in things.