Caught with medical marijuana

C

Cid Jester

Bluelighter
Joined
Mar 2, 2010
Messages
119
Location
Northern California
So I was in a car with two medical patients. They had 4 lbs for weed and half lb a hash. Now that was over there legal prescription limit and we were all arrested by a border check point in north county San Diego. We are all out currently on bail and they have both taken full blame for the weed in the car yet my lawyer is saying that the deal they are offering me is the best I will get and I should just take it. Now this isn't my first time going to court and im actually on felony probation right now which I am currently in violation because of these charges.
Now I am thinking I should just take this to trail but I dont even know.

First charged with 3 felony:
marijuana over 1 oz
processed marijuana (hash)
transporting

now they offered one felony of processed marijuana with 3 years of probation and a max of 120 days in jail. this seems a little whack considering nothing in the car was mine and everyone is taking full blame for it.

Anyway with advice would be appriecated
 
Who exactly caught you?

Was the border check point being run by Feds, or local SDPD, or CHiPs?

Is the lawyer you reference a public defender, or a private lawyer?

If PD, I would recommend you get a free consult with a private lawyer ASAP. Tell him what you just told us. It'll be free, and he will let you know what he thinks he can do with your case. I used to live in SD, I know for a fact there are a lot of experienced and great lawyers (Do your own research, shop around) in this particular field. I mean, SD is right on the border after all.

You should get copies of the police reports, and even lab analysis tests.

I hope you're still in touch with the two MMJ patients, see if they will offer a written confession.

I think in this case, a lot of it would have to do with whether or not you knew that they had the substances in the car. I don't think you can be responsible for the passengers if they both admit full guilt and say that you did not know about the pot.
If you knew about the pot, it'll be tougher. Still, get a private consult ASAP
 
^good answer.

OP, were you driving the car? do you own the car? were you transporting the weed across the border? It's not clear to me why you were even charged with possession. answer those questions and we'll be able to give you a better answer.
 
Car was a rental and i was asleep when we got pulled over at the check point. BP detained us until the DEA arrested us to the county jail. We never left the country and I am still currently talking to the co-defendants. One is my cousin. one of us has a paid laywer that is supposed to be a good one but that is the deal we have all been offered. I don't have the money for a lawyer and have to use a PD i'm having enough time trying to just make my bail payments as is.
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toa$t said:
^good answer.

OP, were you driving the car? do you own the car? were you transporting the weed across the border? It's not clear to me why you were even charged with possession. answer those questions and we'll be able to give you a better answer.
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nothing was in my name what so ever. as far as the courts are concerned i have no knowledge of anything in the car. The only time my name is brought up in police report was just to clarify that i was there. So you see how I am confused as to why these charges are sticking. This month with be my 4th time going to court and they already offered a deal. Either I take the deal or i goto trail but the thing is court is a 10 hour drive away and i dont have the cash supply to be driving back and forth for a trail. I dont want to be forced into taking this deal because i simply cant make it to court over and over/
 
based on the facts you have given, I think you should go to trial. sounds like there is something shady going on here. is the PD just representing you, representing all three of you, or just the two of you that have not retained private counsel? If the 2nd or 3rd, you need to retain YOUR OWN counsel. I would also recommend doing a consult (usually free) with a real criminal defense attorney, just to see what they have to say.

compare driving 10 hours there and back a few times with 3 years probation and 120 days in jail. which is worth more to you? if you would rather do the time than the drives, take the deal. if not, you have to fight it.

you were never in possession of the drugs, nor were you transporting them (at least, not at the time you were stopped). this sounds like an open and shut case to me. I can't see why you have been charged. if there is more to the story that you haven't revealed, feel free to shoot me a pm and I'll take a look.

NOTE: I am not your lawyer, and this SHOULD NOT BE CONSTRUED AS LEGAL ADVICE.
 
I think you should decline the plea deal and move to trial. 10 hour drive is worth not having another felony conviction and the fines and possible jail time involved. At trial you can raise all the poiints you covered hear. At the least the prosecution may not feel like they have an airtight case and they may offer you a better deal instead of the trial.
 
They are probably well aware that court is a 10 hour drive for you... when I moved to NC when I thought a marijuana distribution case was over... they re-opened the case, issued a warrant for my arrest and I had to appear in court 6 times before it was finally dropped... and yes I had to take a flight or drive for EACH appearance... they knew they didnt have a solid case and thought I would take a plea deal out of frustration, they were wrong and the case got thrown out with my lawyers request....

Talk to a private attorney asap, dont talk to police or make a deal. If you do end up taking ANY kind of deal, make sure a lawyer is present and that its in writing. With written statements confirming that you were not aware of the contents your passengers possessed, your lawyer should get it thrown out by the second court date. (Assuming its an affluent private attorney, not a public defender, or run of the mill lawyer. This is your life your talking about, go for the gold as far as legal representation is concerned.
 
Thank you guys everything that has been said I was aware of. I just can't understand what they are really trying to pull off. I was told by my lawyer that SD county is so broke that there is a hire freeze on PD and that the probation is so over loaded that the whole system is falling to pieces. I know this is all about money to them.

My main worry is that im on probation for a previous felony and I know for a fact that there is a warrant for my arrest due to a violation of probation because of these charges. If i am charged with this felony they will give me my joint susp. of 3 years in prison and since i do have a strike for the other charge i would serve a total of what 85% of the time? fuck that. I am thinking since my previous record they afe trying to push my new charges so hard.
 
Oh and btw I have no money for any kind of lawyer. I am forced to use a PD and I am aware of how shitty these guys really run there cases. God help me if i have to take this to trial.
 
With the massive amounts of drugs at the SD border, they may just drop the case if they see you'll fight it.
I mean, not your car, people claim the weed...they have no case.

You can still get a FREE consult with a private atty who knows how lawyers work and can give you inside advice.
 
Can you let us know how it went? I hope you took the advice above and got a private attorney or a very savvy PD that won't just throw a deal at you.

I hear (not from a lawyer, and I am not one) that people in California are getting double-time credit for both time served and time forward. This is due to substantial overcrowding of jails and prisons. Nonviolent drug offenses should be of low priority, and you were in the car with two medical patients. That said, if you were the driver, you're responsible for knowing what is in your car.

I hope your case went favorably for all involved so far.
 
So I went into court with a written confession from my two co-defedants and my shitty ass PD (no money for a retainer) told me that is was worthless and wouldn't even show it to the judge. I got so upset I almost told her to get the fuck out of my face. Anyways, I'm setting it for trial but the thing it is a package deal (which I have never heard of) so If i goto trial I am forcing my other 2 codefendants to trial when they wanna take a deal. But the weed wasn't even mine so why should I be forced into taking a felony when they took full blame on it? I have been told that San Diego county has ALOT of problems with the DA over stepping there boundaries and now I feel like Im getting the short end of the stick. I know I can win trial but I know that the other 2 will lose there deal and the trial most likely if it goes to it. The thing is if I happen to pick up a charge that is a violation of probation and I will be forced to serve my joint suspended of 3 years which im not trying to do. very very sticky stituation. Any advice? how can I get it so that it isn't a joint deal? I feel this is where im going to get fucked over the most. thanks in advance.
 
Unfortunately, this is where a private lawyer would come in particularly handy.
 
Cid Jester said:
So I went into court with a written confession from my two co-defedants and my shitty ass PD (no money for a retainer) told me that is was worthless and wouldn't even show it to the judge. I got so upset I almost told her to get the fuck out of my face. Anyways, I'm setting it for trial but the thing it is a package deal (which I have never heard of) so If i goto trial I am forcing my other 2 codefendants to trial when they wanna take a deal. But the weed wasn't even mine so why should I be forced into taking a felony when they took full blame on it? I have been told that San Diego county has ALOT of problems with the DA over stepping there boundaries and now I feel like Im getting the short end of the stick. I know I can win trial but I know that the other 2 will lose there deal and the trial most likely if it goes to it. The thing is if I happen to pick up a charge that is a violation of probation and I will be forced to serve my joint suspended of 3 years which im not trying to do. very very sticky stituation. Any advice? how can I get it so that it isn't a joint deal? I feel this is where im going to get fucked over the most. thanks in advance.
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Just because your co-defendants took the deal doesn't mean you have to. You need to do what is in your own best interest. You are not in the same situation as your co-defendants.

I suggest you retain a private attorney immediately, even if it costs you money. Your freedom is at stake.

And no one ever "knows" whether they can win at trial.

A private attorney is the best mechanism through which you might get the whole thing dropped. No promises, though. I would be unable to convict if I was on your jury, but as I won't be, realize that you need to retain your own attorney to advise you on this matter. Are you on felony or misdemeanor probation?

Continued good luck.
 
Cid Jester, something isn't adding up. you say that catching a charge will violate your probation. 1) I am pretty sure that is unconstitutional (it DEFINITELY is in Canada). 2) That seems to imply that you have not yet been charged with anything. do you mean a conviction? won't a guilty plea also be a violation of your probation? better check that out...

This whole 'joint deal' business is absolute nonsense too. if this PD is representing all three of you, you need to get your own PD RIGHT NOW. it's every man for himself in these matters. if you want to take a hit for your buddies, that's fine (if insane). but do it for them and not because you think that's your best legal option.
 
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