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Court gave me a different charge than on my citation?

Discussion in 'Apprentice Marijuana Consumption' started by LovingTree, Feb 6, 2012.

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  1. #1 LovingTree, Feb 6, 2012
    Last edited by a moderator: Feb 6, 2012
    Hey guys. I was recently caught with a bong in my friends car. They gave all of us citations for possession of paraphernalia. However, once I got my court letter, it stated I was in a trial.
    The trial stated "Nick xxx vs. State of Maryland."

    I looked up online what I was charged with, by searching my name, and the court description says : CDS, IMPORT INTO STATE.

    What does this mean? This charge DOES NOT WHAT SO EVER match up with my citation charge. If I get an attorney, could I dismiss this case?
     
  2. #2 GreenCrackYUM, Feb 6, 2012
    I am confused. What did the court say the charge was?

    YOu do know the "Nick xxx vs. State of Maryland." is just what they say, right? Like whenever someone goes to court, it is "Bob Jack vs. State of Georgia" regardless of the charges.
     
  3. #3 5cooby Doo, Feb 6, 2012


    GreenCrack, I think he said the description said import into state... I don't really know about state laws, but sounds like it's wrong?:confused::eek:

    :smoking:
     
  4. #4 LovingTree, Feb 6, 2012
    The court letter did not mention a charge. It just told me I was charged for citation number xxxx. It just told me the date and time, address.

    According to the citation, it is para poss. However, the district court online, says it is CDS: Importing to State.

    Sounds like they loafed hard?
     
  5. #5 GreenCrackYUM, Feb 6, 2012
    Last edited by a moderator: Feb 6, 2012
    Ummmm well I googled Maryland CDS Importing to State and came up with this..

    "CDS: IMPORT INTO STATE**
    ...did unlawfully bring into this State (choose one):
    [at least 45 kilograms of marijuana, a controlled dangerous substance of Schedule I./ at least 28 grams of cocaine, a controlled dangerous substance of Schedule II./ a mixture containing at least 28 grams of cocaine, a controlled dangerous substance of Schedule II./ at least 4 grams of [morphine/opium], a controlled dangerous substance of Schedule I./ at least 4 grams of a [derivative/salt/isomer/salt of an isomer] of [morphine/ opium] a controlled dangerous substance of Schedule I./ at least 1000 dosage units of Lysergic Acid Diethylamide, a controlled dangerous substance of Schedule I./ a mixture containing the equivalent of at least 1000 dosage units of lysergic acid diethylamide, a controlled dangerous substance of Schedule I./at least 28 grams of phencyclidine, a controlled dangerous substance of Schedule II./ at least 112 grams of a mixture containing phencyclidine, a controlled dangerous substance of Schedule II./at least 1000 dosage units of methaqualone, a controlled dangerous substance of Schedule I./ at least 28 grams of methamphetamine,a controlled dangerous substance of Schedule II./ a mixture containing at least 28 grams of methamphetamine, a controlled dangerous substance of Schedule II./ at least 4 grams of [fentanyl /fentanyl analogue] a controlled dangerous substance of Schedule II.]"

    And the header thing is:

    "Controlled Dangerous Substance Bring Into State"

    Here is the link I found when googling it http://www.courts.state.md.us/district/charginglanguage.pdf

    But that has fucking nothing to do with paraphernalia.. so it seems like the courts fucked up possibly. Plus that charge is super serious.. like 25 year sentence serious lol
     
  6. #6 cocouktoker, Feb 6, 2012
    [quote name='"GreenCrackYUM"']Ummmm well I googled Maryland CDS Importing to State and came up with this..

    "CDS: IMPORT INTO STATE**
    ...did unlawfully bring into this State (choose one):
    [at least 45 kilograms of marijuana, a controlled dangerous substance of Schedule I./ at least 28 grams of cocaine, a controlled dangerous substance of Schedule II./ a mixture containing at least 28 grams of cocaine, a controlled dangerous substance of Schedule II./ at least 4 grams of [morphine/opium], a controlled dangerous substance of Schedule I./ at least 4 grams of a [derivative/salt/isomer/salt of an isomer] of [morphine/ opium] a controlled dangerous substance of Schedule I./ at least 1000 dosage units of Lysergic Acid Diethylamide, a controlled dangerous substance of Schedule I./ a mixture containing the equivalent of at least 1000 dosage units of lysergic acid diethylamide, a controlled dangerous substance of Schedule I./at least 28 grams of phencyclidine, a controlled dangerous substance of Schedule II./ at least 112 grams of a mixture containing phencyclidine, a controlled dangerous substance of Schedule II./at least 1000 dosage units of methaqualone, a controlled dangerous substance of Schedule I./ at least 28 grams of methamphetamine,a controlled dangerous substance of Schedule II./ a mixture containing at least 28 grams of methamphetamine, a controlled dangerous substance of Schedule II./ at least 4 grams of [fentanyl /fentanyl analogue] a controlled dangerous substance of Schedule II.]"

    And the header thing is:

    "Controlled Dangerous Substance Bring Into State"

    Here is the link I found when googling it http://www.courts.state.md.us/district/charginglanguage.pdf

    But that has fucking nothing to do with paraphernalia.. so it seems like the courts fucked up possibly. Plus that charge is super serious.. like 25 year sentence serious lol[/quote]

    Sounds like a pretty big mistake for them to make op lol
     
  7. #7 Infamous Smoke, Feb 6, 2012
    dont freak out go to court and if the judge says anything that wasnt on the ticket tell her the story and fight it.
     
  8. #8 Blackphobiaz, Feb 6, 2012
    You had more than 45 kilos of bud? nice :p
     
  9. #9 Jokester, Feb 6, 2012

    And it all fit into one bong, that must be some dense shit.
     
  10. #10 LovingTree, Feb 6, 2012

    Yes, they did fuck up. My citation does not mention any drugs what so ever, just a paraphernalia glass pipe. If I got an attorney, would I be able to drop the CDS Importing Charge, but ALSO the para charge, since they made a mistake? Or would I just be dropping the Importing charge?
     
  11. #11 Oblivion420, Feb 6, 2012
    [quote name='"LovingTree"']

    Yes, they did fuck up. My citation does not mention any drugs what so ever, just a paraphernalia glass pipe. If I got an attorney, would I be able to drop the CDS Importing Charge, but ALSO the para charge, since they made a mistake? Or would I just be dropping the Importing charge?[/quote]

    With a good attorney? Both. It's unlawful to trial you for a crime you didn't commit. You probably won't even need a good attorney now that I think about it
     
  12. #12 LovingTree, Feb 6, 2012
    Phew, that makes me feel great.

    I just spoke to a prosecutor, and he said that most of the time, if they dismiss the big charge, they will still get you with the original charge, that was on my citation...
     
  13. #13 LovingTree, Feb 6, 2012
    Sounds like , regardless, even if I do get a lawyer and dismiss the big charge, they will just go back to the citation... but the citation was never correctly put online... they charged me with the wrong thing!
     
  14. #14 GreenCrackYUM, Feb 6, 2012
    Yeah I don't know how that works, but I know you can get the Import charge dropped for sure. The citation might stand, but with a good lawyer you can probably get out of that as well.
     
  15. #15 LovingTree, Feb 6, 2012
    ya, i looked on NORML and i'm gonna get Mike Rothman.
    Lawyer for Drug Crimes like Possession & Distribution in Maryland

    Hopefully the fact that they made an error and the fact they didn't charge me with the correct thing is good enough to dismiss both... I really hope. :(
     
  16. #16 Oblivion420, Feb 6, 2012
    [quote name='"LovingTree"']Sounds like , regardless, even if I do get a lawyer and dismiss the big charge, they will just go back to the citation... but the citation was never correctly put online... they charged me with the wrong thing![/quote]

    Yeah, that's not right. I would fight the original citation. You definitely have a chance to get it dropped.
     
  17. #17 GreenCrackYUM, Feb 6, 2012
    Good luck man! When do you have to go to court?
     
  18. #18 LovingTree, Feb 6, 2012
    Last edited by a moderator: Feb 6, 2012
    I just had an idea:

    Since the court states that I have a import charge, if I were to prove this false (hence they have no evidence for this charge), I could then dismiss that charge, and then not mention the paraphenalia, since the only thing they stated on their site is about the importing... it's like they don't know the right charge, or even about the bong at all.
     
  19. #19 silvervalley, Feb 6, 2012
    yeah just don't bring up the other charge until they do. make sure you tell your lawyer though, he's the only one that can really help you so don't lie to him.
     
  20. #20 LovingTree, Feb 6, 2012
    Yup agreed. I'm just hoping the court doesn't even know about the bong charge, since it's not posted on their site.The only charge listed on their site is the importing of drugs. Since they have no evidence for this charge what so ever, hopefully i'll be able to dismiss that charge, and walk away free, since "hopefully" they don't know about the bong at all; just the import charge.
     
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