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Court arraignment on monday....((((MEDICAL MARIJUANA CASE)))

Discussion in 'Medical Marijuana Usage and Applications' started by JCrohn, Jan 23, 2010.

  1. Hello everyone :)

    ((I'm in the state of Washington))


    I was recently the passenger of a motor vehicle in which I had my meds on me (all in a single bag besides a gram that i had in my pocket) as well as a bong in the glove compartment.

    The state trooper was a complete douchebag (like most of them are) about it and took me in...I didn't produce my medical paperwork because I left my coat at home (Yes, I know...stupid)

    Anyways...I spent the night in jail and when the medical marijuana prescription was shown to the officer he couldnt do anything about it and that it was up to the court (he was very courteous about this unlike the cop). (Yes, my FATHER actually brought my med prescription into the jail). He paid $500 to bail me out of jail for something that I was able to quickly produce a prescription for.

    I am a 3.9GPA college student with no prior convictions and no criminal record. I am only 18 years old but I have my medical marijuana prescription (given to me for crohn's disease/ibs/gerd)


    I spoke to a lawyer and he wanted to charge me $1000 to see him on monday before the arraignment...he told me that he would get everything to go away...he said that i might be facing some charges on my record for the paraphanelia that was found (the bong). I also contacted NORML and am waiting for a return on my phone call (already had a few convos) about what I should do next.

    Medical Marijuana has helped me achieve great things in my life. It has helped me realize that in a world of horror you can eventually turn it into a sense of optimism and hope. The great herb has allowed me to see the world as the place that it really is. I no longer feel tunnel visioned and trapped with anxiety and fear... I thought I was someone who was abiding by the law. I guess not.


    So much for justice.

    *****PLEASE SUPPORT ME THROUGH THIS....LET ME KNOW IF YOU THINK I SHOULD GO WITH AN ATTORNEY OR SIMPLY TRY TO GO TO THE ARRAIGNMENT HEAD ON*****

    What the lawyer told me was that there was no medical marijuana law regarding to paraphanelia....so i was still technically in trouble.
     
  2. I have no justice system experience but in my opinion couldn't you say that the bong was the means of taking your medication and therefore considered a medical thing?

    I think that's rough dude..
     
  3. Im a patient as well and if that happened to me I would be going after that officers badge.

    Patients rights mother fucker!!!..... fucking pigs.

    (I know I didnt answer any of your questions but thats my take on the situation.)
     
  4. This is what i was thinking. They should really put a plug in the whole paraphernalia loop hole :(.

    Cheers mate, good luck, my bro is in jail right now for paraphernalia :(

    I'll smoke a bowl for u 2night if i get the chance
     
  5. It'll all be up to the judge. But from the story it seems your in a good position. The judge knows the bong was for medicinal purposes, you being a MJ patient, and that you weren't going to put the nug in your ass your going to smoke the damn thing! You should have had your papers on you though, but we all make mistakes.
     
  6. Dude thats shit.
    If you are going to do it head on I recomend you get your story straight and also say that the bong was for your medical weed.

    Good luck bro :)
     
  7. not trying to be funny but is the bold word the reason for your name on here?

    I also had something similar to this and its painful as shit so i know what thats like...
     
  8. That sucks man, you said your dad brought your medical card to the jail, well maybe he could lend you some money or pay for your lawyer fees. I have a drug class I have to go tomorrow, but its not going to be too bad, if anything they should give you a small penalty like a drug class especially if you prove you have documentation allowing you to smoke.
     
  9. #9 Zoom420, Jan 23, 2010
    Last edited by a moderator: Jan 23, 2010
    Cops cant do it for you - once they arrested you (because you didnt have your affairs in order), it was up to the courts and your affirmative defense.

    Here are some things to mull over as a practical matter.. not legal advice but a practical way of assessing the situation you are in and how the system works.

    You might consider simply taking your script to the DA.

    If the DA knows you have a script, they might not waste their time on you and either dismiss the case or simply never file it. An arrest is merely the first step - the DA must file before there is a court case. The cops giving you a court date doesnt mean you cant head that off. If you show up monday and there is no case, go talk to the DA at their office.

    If they do file, you could show your script to the DA. He will be sitting at table. Maybe it will go away since it is so obviously a waste of the courts and DA's time. The da can motion to dismiss right there.

    If you cant afford that attorney, ask for one.. obviously pleading guilty if you are not guilty would be insane.

    Even if they appoint you an attorney at arraignment and later resources are acquired and you are able to afford one, you can still hire your own attorney and dump the pub. defender.

    I think you might could take care of this issue on the cheap, though... which your dad might appreciate.. but of course NEVER forgo legal advice, but its not your dad's bank account that is considered for appointing you an attorney, its yours. So use/let the state know you will use THEIR resources to fight this bogus case. (even if you decide later to get an attorney)

    After arraignment and if it proceeds and u seek legal advise.. you will surely kick their ass :smoking: because you are legal.





    If I were a betting man: they drop this... I doubt it would even require the judge to dismiss it.. although he may well do so as well.


    Shows you though, we all gotta make sure we have our paperwork.

    Edited to add..

    if they do file and the DA doesnt dump it, the judge will read the charges and ask for a plea (guilty / not guilty).. one might RESPECTFULLY (not to be confused with arrogance) simply say " Your honor, I plead not guilty, I have a medical prescription and I would like to be appointed a lawyer." and be holding your scrip in your hand.

    A judge might want to get this over with as quickly as possible, save the state some money, court time, his time, save potentially wasting his jury time, pool, and resources.. ask to see it and dump it.

    Please post an update of how it goes.
     
  10. ^^^ Right there
    I have a close friend with crohns so I understand where youre coming from my man. Good luck with everything
     
  11. Thank you so much for the help that you have all bestowed upon me.

    Right now I am worried to death to spend any more time in jail. It was the most horrifying experience of my life.

    I have always been a straight A student throughout schooling and am about to transfer to a major accredited four year university.

    I am only 18 years old...do you think the court is going to look at me like I am some sort of punk who just wants to get high?

    There truly is a use for medical marijuana in my life. The doctor that gave me my recommendation even agreed with me.
     
  12. I agree with^^^^^^and furthermore, I think you'll be able to get back your meds. It would be like taking your pills from you if it's legally prescribed. I'd ask the judge to write an order to release your meds/bong. It certainly couldn't hurt.

    That's the one bad thing about WA. States MMJ paperwork. It's not a card you can carry in your wallet.......it's a piece of paper that ultimately gets folded up and crinkled and worked over as you transport it. On the upside of the WA. law however is that when you get your recommendation, you are not entered into a Wa. State database with your address and such.

    Good luck at court and my best to you. Be more diligent about keeping your paperwork with you( as if you don't already know)

    Cheers,

    chunk
     
  13. So i shouldnt have to worry about jail time?

    * 18 years old
    * qualifying medical condition
    * medical records from hospital that show my condition
    *3 years of failed medication attempts (zofran, nexium, painkillers, etc etc etc)
    * 3.9 GPA in college attending a very prestigious university


    I'm just really really scared.....i dont think i should have to present myself in front of a judge for something that we made legal as a state more than ten years ago.
     
  14. Dont fret it to much man. If anything youll probably be looking at some probation. I do not think they will put you in jail, though Im not a law expert.
     
  15. Probation for LEGALLY posessing a bong and LEGALLY posessing marijuana?

    What good is a doctor's recommendation if i am going to have to be on probation? Did we not pass this law in order to ALLOW people to use marijuana? ((Except for when a cop DOESNT like the person who has it on them?))

    This is completely FUCKED UP. I guess the law doesnt mean shit.

    RCW 69.51A - I am in FULL AND TOTAL COMPLIANCE.

    ((I need the BONG to use the marijuana))...i was the PASSENGER of the vehicle.
     
  16. Years ago my daughter had to make a portfolio to show she was not a punk and did indeed only got three months probation and then it was removed from here record. This was in a non-medical marijuana state so I would think you might have an easier time there. Put a portfolio together of your GPA, what you have done with your life, where you are going type of thing. Can't hurt to show that to the DA to show proof that you are not what they think. Good luck.
     
  17. im quite confused because i too am in washington and arent we in like a dillema to figure out if weed is gonna be sold in liquor stores or not?honestly man that cop obviously was ignorant and just a ass.if funds arent a problem and is acctually worth fighting for then then id say fight the case bro. u got ur card n shit.sorry i dont know much but i just think u got like the shitty end of the deal and i just wana help lol i hope what ever your choice is it goes good
     
  18. youre not going to jail and you wont be on probation. Relax. Youre not gonna plead to this case. Youre gonna fight... if you even have to, which I doubt you do.


    That lawyer is telling you he could get it completely tossed.. because he could! They see this all the time. This is not new or unique case. Hell, lots of times people run out and get their script AfTER and get it tossed. You had it at the time and make sure you show that you had it at the time.

    Dont worry. If you were legal, you got nothing to be worried about. Man up and take this challenge on. Youre not going to jail because you are not guilty and you are going to fight and you are going to win.
    You may be able to talk to the DA .. but you have that as your back up.. a lawyer that could get this tossed. This type of case is not new... the Public Defender could likely equally get it tossed.

    Hell the PD would probably love your case; he/she doesnt get to win many lol.

    DA or Judge is gonna dump this for you though. Thats my prediction. Youre good.

    Unfortunately, WA has not specfically addressed paraphernalia.. but if they do go after you.. lawyer up.
     

  19. The officer, as much of a bastard as he was, was well within his rights because the patient did not have his recommendation on him.
     

  20. Nah man Im saying thats probably the worse you'll get, IF anything. Fight it man and you'll be alright
     
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