Court in two days..wish me luck, I'll need it

Hey everyone...I was arrested at the beginning of december for having about a gram of marijuana in a flashlight keychain of mine..I was arrested at a technology center for which I've attended for the past couple of years, this being my third.. Oklahoma law does not accept the defense of medical necessity as a basis for acquittal on a marijuana charge..However, I'm going to have it mentioned to the judge that I've used it a couple of times a week for the past two years to mitigate my back pain and it has had absolutely no negative impact on my quality of life, my job, or my schooling..I'm hoping I'll get consideration from the court considering the circumstances..hopefully things go fine in court..

hope it goes well matey

just to let u know here in london i got caught with 25 grams all in seperate baggies, went to court, while i was waiting to go in there were people smoking weed in the smoking section of the fucking court house!!!!! LOL i couldn't believe it here i am going to see a judge about something thats being smoked in the court what a joke. I went into the court looked very sorry had a spiel ready about what i was going to say and went on about how sorry i was and i need it, i smoke evryday i have a job, i hav money blah blah blah, the magistrate looked at me and said ' fine of £50 NEXT wot a joke!!

i dont know what the law is in america as every state seems to have its own law and i wouldnt know wot to say except look sorry and state your case see what he/she says

GOOD LUCK, PEACE

keep toking, keep smiling, keep burning :rastasmoke:

Good luck dude. How did you manage to get busted?
A friend of mine got 3 separate cautions each for small amounts of cannabis, the forth time he got busted with 0.8g and got fined £185.

Good luck..I am sure it will be fine..but I would state that you do use it medically..it can't hurt.

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Originally Posted by WeedyBoyWonder

Good luck dude. How did you manage to get busted?
A friend of mine got 3 separate cautions each for small amounts of cannabis, the forth time he got busted with 0.8g and got fined £185.

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drug dog that comes through the school from time to time

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Originally Posted by Markass

drug dog that comes through the school from time to time

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u have a drug dog wtf! is it some sort of prson school??

america is mad i swear laws are so strange

keep toking, keep smiling, keep burning :rastasmoke:

I wish you all the luck in court. Hope next day you'll come here and tell us u got a fine for it and that's all. take care

Good luck man.

Don't you have a lawyer? If you can't afford one at least get a public defender. Don't just expect the judge to feel sorry for you and let you off. If you have a lawyer you can maybe get a deal to keep it off your record or he might be able to argue an illegal search and seizure. That's an interesting point of law there since it was in a flashlight keychain and there may be some avenue of escape.

I hope it all goes well mate. It's a fooking joke. All me best.

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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Originally Posted by FakeBoobsRule

Don't you have a lawyer? If you can't afford one at least get a public defender. Don't just expect the judge to feel sorry for you and let you off. If you have a lawyer you can maybe get a deal to keep it off your record or he might be able to argue an illegal search and seizure. That's an interesting point of law there since it was in a flashlight keychain and there may be some avenue of escape.

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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..

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?

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Originally Posted by Weedhound

Well have you spoken to your court appointed lawyer? What does he/she say?

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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..

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.

Best of luck to you, Markass. I'm glad you have a court-appointed attorney on your side. In Oklahoma or any other state where medical MJ isn't legal or recognized as within the bounds of the law, a judge isn't going to be able to consider medical necessity a mitigating circumstance toward an acquittal. Because he's bound to judge within the constraints of the municipal, district and/or state law under which he operates and makes his rulings, he quite literally can't even admit something outside the bounds of jurisprudence for consideration. He can hear it with his ears, obviously. He has functional auditory senses. But in your state where medically necessary cannabis isn't legally sanctioned, that information about medical use will be "moot."

The procedural stuff won't be scary at all. You'll be amazed at how low-key and legal-businessy it all is, and how quickly it'll be over. You'll all step up to the front and the judge will hear the city attorney, if that's who's functioning as the "prosecutor." Then he'll listen to testimony from the arresting officer if he shows up. Then he'll hear from your counsel, who can question the officer and put you on the stand in your defense. Then that'll be it. The judge will make his ruling according to set guidelines in your state. It'll be simple and painless (until any probationary terms or fines are given) and very routine. Be courteous and respectful and wear something that makes you look like what an Oklahoma judge will deem an intelligent, clean-cut, successful technology student. There will be nothing remotely panic-inducing or shameful about it.

Except, of course, the provincial and narrow-minded view that cannabis should be illegal while nearly any Oklahoman who can walk upright can--and does--drink, drive fuel-inefficient heavy duty pickups, own lots of firearms, and do just about anything else he wants to. You know, a lot like it is here across the border in Texas!

How'd your court appearance, go, Mark? I've been hoping it all went ok. Update us when you can. And if you feel like it, of course!

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Originally Posted by birdgirl73

How'd your court appearance, go, Mark? I've been hoping it all went ok. Update us when you can. And if you feel like it, of course!

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I was only given a court appointed attorney the other day...go back again on the 14th of febuary..

Dude u will probly give get a slap on the wrist for that little amount.. Hope it all goes well in febuary..
Im up in court in march, got busted last year.. Could be lookin at doing time.. sucks....

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Originally Posted by Markass

I was only given a court appointed attorney the other day...go back again on the 14th of febuary..

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Hey Mark, good to hear about the continuence on your case.

Now that you have some time, I would try to get a doctors note about the pain if you are going the medical route. If not, it would help to get a clean UA, go to drug class, bring a pay stub (if you work), and/or school transcripts (if you attend school) it help build a case for yourself. Talk to your lawer about it and see what he/she says.

It may help.

Just like the Constitution says, fast and speedy trial. Happy Valentine's Day!