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omg! It hurts me to type this, The cops came into my apt without a warrent for my room mate and saw the plants i had a .22 in my room as well and i just got out of jail, there saying 3 years mandatory cause the gun! anyone know anything about these issues and what i can do? I talked to my lawyer and they said we could set up a meeting with the prosecutor since im only 19 and its my first offense!
bad news man, but seriously, if you're gonna grow...
DON'T OWN A DAMN GUN!
that's why people think drugs=drug dealers=guns=violence.
Damn! I thought that only happpened in the South.
Did you consent to a search?
Did they have permission from any occupant to enter the apartment?
Did they have probable cause to enter the apartment?
If the answer to any of these is yes, you are fucked.
If the answer to ALL THREE is no, your lawyer would have been able to get you off on a technicality except for the one SMALL detail...
You are on probation. You do not enjoy the same rights to privacy that other citizens have. The probation paperwork probably has written on it somewhere that the police or your PO may enter your dwelling at any time, for any reason. That's sure as hell what mine said, and why I could not grow in my home during that time.
You still need a lawyer, NOW, and a damn good reason for having a gun. Rifle or handgun? Rifle could legitimately be argued to be for strictly rabbit-huntin' purposes, and be ready to show a valid hunting license or the one from the most recent season if that is the case. Even though you are supposed to surrender all firearms when you go on probation, you want to make damn sure that when you try to explain why you had it, it does not come out sounding like 'Because it makes me look cool/tough'. A handgun looks a LOT worse to the cops when it's sitting next to some drugs...
What were you thinking?
Edit: Yup, they had probable cause... I see that you were growing in an apartment with no odor control... despite many warnings...
http://boards.cannabis.com/indoor-gr...apartment.html
Gotta listen to the oldsters, man. They been around the block already.
Stinkyattic knows dude
come out with your lightbill in yo hand
I own a 12 gauge legally and Im way past 19 [jeez is eberyone ton here teenyboppers]
the gun is for
coy dogs that come round after my 4 lb dog
How can this be your first offense if you are on probation? Age 19, on probation, growing dope (in a rental property) and has a 22 sitting around.
Best of luck.....you're going to need it.
the offier opened my apartment door with out probable cause, i went in the hall to talk to him and when i went back inside he put his foot in the door and said he smelt marijuana and walked in, the plants didnt smell at all, neither of us are on probation!
Whats gonna happen to me, this is my first offense, i didnt know the gun and growing law or i never would of had it! Do i have a chance to get it lowered anyone here of similar stories, the arresting officer basically said i better start snitching! :(
Where in the world did I get the probation thing from? My heartfelt apologies about that.
If he said he could smell it then.......and why DO you have a gun?
Yea i told him to get the fuck out and asked him if he had a search warrant, he said he his seargant was on the way and he was gonna get one, he smelled weed cause we were smoking but had a towel under the door and he only smelled it wen he had his foot in the door for a couple minutes, the plants dont smell i have had many many ppl over and no one ever has smelled them!
But can he open my door and just look inside without a search warrent? the gun was a ruger 10/22 rifle
There is an old saying........"if nobody talks then everybody walks"
Do what your lawyer tells you and study up next time.....you've made quite a few mistakes here.....ahh youth.
Keep your mouth shut and do what your lawyer says. Good luck.
Been meaning to ask this question but keep forgetting.....what did the cop show up for in the first place? Why did he come originally?
Actually if your door is unlocked.. he sure can. I have 4 locks on my door. Whenever I'm in my house I have all 4 of those suckers locked.Quote:
Originally Posted by dj00140
my roommate had warrants
...the plot thickens...:smokin:Quote:
Originally Posted by dj00140
Ouch. I'm going to take a plunge here and assume you are not a med patient in a med state.
Lawyer, lawyer, lawyer and then dummy up. Good luck.
Man, roomie with warrants? Did you KNOW he had warrants? If you did, why risk growing?
I assumed you were on probation since you said you JUST got out of jail and that often comes with probation at the tail end.
Oddly enough, that's the exact rifle my friend the beagle trainer uses for rabbit...
I just got out of jail for the plants! i have a clean record (besides driving w/o license) and my room mate didnt even know!
You definitely get a lawyer. I think most states have the firearms inhancement law. Even if the guns are completely legally owned and never used in the course of any crime the penalties automatically go up. Its a bullshit law. Your prior record will help. You've been clean so that will help but it does really depend on what your mandatory minimums are in your state.
mandatory minimum is 3 years! im not actually gonna get that tho right? im mean i have a clean record and im 19!
thanks court isnt until sept 28 ill let u guys know but if anyone has anymore information for me please comment!
I would look your law up on the internet. Most states have there laws posted. When you were arrested they should have wrote down the law you violated. If your like Washington a minimum mandatory is exactly that. The judge has no leeway to reduce your sentence. Thats why you'll need the attorney. To see if you can plea bargain with the district attorney. If you have no priors the district attorney will probably work something out.
Sorry dude, no sympathy from this end.
19, gun, growing, living with someone with warrants, I mean comon, all the adults in your life were NOT lying to you. You knew all along what you were doing and somehow thought you were above all the htings that you heard and "that won't happen to me".
If I get caught, I know what the laws are, I made myself aware and have protected in all ways possible and ready to accept the consequences.
My genuine advice:
Wear a nice suit, better have a job and start volunteering at the spca or something like it. Show that you are a contributing member of society and NOT what you appear to be.
I don't mean to come off as a dick but there is a serious problem with youth over the last 10 years and it's only getting worse.
and therein lies the key......dude, growing with a roommate...growing with a room mate with warrants...are you in an apartment too? Ouch dude...didnt you read the beginning paragraph of the grow bible?...lol Sorry man, everyone learns their own way...I cant say shit about the gun(s) though...my name is whiskeytango after all, you think I dont have guns?...lolQuote:
Originally Posted by Weedhound
BUT!....not in the same place as the plants:thumbsup: lawyer up, zip your lips, and if the illegal search doesn't pan, better plea..just MHO though, I spent a few years in the big house for mistakes in my past...I unfortunately learn shit the hard way..
good luck man,
whiskeytango
So growing in an Apt. not a good idea?
Not if you got alot of foot traffic, I wouldn't grow over a 600w in an apartment, but thats just me.
whiskeytango
I would ONLY grow in an apartment IF my odor control system was approximately TWICE what the numbers say I would need. And I had the place TO MYSELF. And that's in an apartment that I had chosen to be ideally located and arranged before rental.
I've done it in rented space, and even with what I considered an ideal apartment, I ended up breaking the lease early because of that prickly feeling you get on the back of your neck that the neighbor or guest of a neighbor had 'seen something' and that access to the building systems was close enough to the grow area for the blowers to be audible. No specific event made me decide to bail- it was just a creepy feeling that there were too many factors outside my control still. BTW this wasn't in a complex; it was a 2-family house set on over 50 acres with no other neighbors. And it STILL felt too exposed.
The cop's actions may not have been illegal if he was executing a warrant on the apartment's other occupant and smelled something. That's for your lawyer to work on.
OHHHH NO SO SORRY TO HERE:(!!!!
The 22 or any gun really fucks everything up... When ever their is any type of Illegal substances around and a gun in the equation it doubles the mandatory sentencing.. I was always told never keep a gun if you are going to have any Contraband because the effect it has on a court case... Unfortunately it makes it look like your a bad ass Thug who is a menace to society...
I really wish you the best and hope the Judicial System works out for you
Quote:
Originally Posted by Weedhound
Totally Agree WH Great Point Have you given any info to the Police @ all when they questioned you?
Hope not who's name is on the lease?
Is the gun registered?
If so to Who?
i didnt say shit to the feds, if they smelled something they couldntof known it was my apartment cause there in an octagon! but is it legal for him to open my door?
i HEAR THE ONLY WAY TO GET OUT OF MANDATORY MINIMUMS IS TO SNITCH!!!
Moderating
I want to remind a couple of our members that this legal sub-forum is for discussion of legal situations and exchange of personal experiences but that, just as is the case in medical, we do not support the giving of advice regarding specific legal situations here. It's simply too fraught with risk for the person in the tenuous legal situation. I deleted a couple of threads above in which members were speculating about adjudication options and defense strategies, offering suggestions about how to plead, offering information about defense qualifications according to attorney fees charged, and assuring the original poster that property deeds might need to be relinquished in order to "get out of this one."
Unless you're a member in good standing of the state bar in the state of the original poster and you're a practicing criminal defense counsel, credentials which can easily be confirmed by anyone you're giving advice to, you have no business offering legal advice to another member here. As is the case with medical threads, our standard policy needs to be precisely what several of the surviving threads have suggested, which is to hire an attorney and consult with him/her rather than listen to random input on a cannabis board. Your freedom is at stake. You want to make sure you have qualified counsel and aren't making decisions based on what some authoritative-sounding but non-law-degreed voice on a Web forum says.
You should've seen it coming, think with your head...it may just keep you out of trouble.
I'm shaking my head so much in this thread, its actually starting to hurt....
19
gun
roomate
roomate with warrents
growing
growing w/o odor control
growing in an apartment
lack of knowledge of laws
lack of knowledge of dealing with police
criminal history/record of broken laws
did i say 19 yet?
--------------------
What could make this worse of a situation?
My only thought on this is that if your avatar is an accurate picture of your ass, you had better find a way not to go to jail.
Probable cause - smell of marijuana. Neighbors may have complained so the police came. There are no valid reasons for owning guns. There are few cases that anybody has ever had a chance to use them for protection and many more that they are stolen for criminal acts. Obviously you are not the legal age to even get a license for a hand gun. That is a felony if I am correct. The plants is probably the least of their worries. I think if this is a first offense you may get lucky with five years probation if you have a very powerful attorney or six months in the county jail with three years probation if you have a decent one. This seems wack in general anyways :wtf:
And with that, I think it may be time to take a break from all of this. Dude, you gotta go do some reading, and if you're going to talk sentencing, you NEED to be posting up a source for your information.Quote:
Originally Posted by Aspire420
The only advice to the OP is to lawyer up and start getting a bunch of paperwork together in regards to your weapon (he already said it is not a handgun) and your source of income. You act like gangsta, they treat you like gangsta. You act like stupid yuppie kid, they treat you like stupid yuppie kid- preferable by far.
Just out of curiosity- at what did they set your bail? I look at bail amounts as not only a reflection of your likelihood to run, but also as a sign as to how serious the judge and prosecutor believe the charges to be.
my bail was $5000, I didnt know my roommate had warrants, I just got a carbon filter, they were 2 weeks in flower and they had zero smell, I asked everyone that came over if they smelled weed they didnt smell it in my room, in my living room, smelling it from the hall is a long shot, AND my apartments are in an octagon shape, no way on telling where the smell would be goin if there was one which there wasnt.!!! ill prolly just snitch on this kid with mad stolen guns anyways
Hopefully the snitch will buy you a bit of a break
Where are you in MN?... what county?
Snitching is disgusting. Lawyer up, you made the mistakes here. Get a good lawyer and pay for your stupidity. Dont become a rat.Quote:
Originally Posted by dj00140