Busted in michigan I need help

[colin]

Hey I live in Berrian County which I understand is the worst county in Michigan for medical marijuana. I was driving down the street and got pulled over for a dirty license plate and the state trooper let me go but wanted to search my car. I said no but they basically coned me into it. I got caught with 7oz of wet marijuana. In this state you can have 2.5oz of dried marijuana. The 7oz I just cut off the plant 2 days before that. So when it would have finally dried it would have been under 2 oz. But they didn't care. The officer charged me with mistormeter possession of marijuana which is no big deal. The prosecutor got a hold of it and decided to charge me with felony manufacturing and delivery. How on earth is that constitutional. That is his opinion not fact. I didn't have it in separate bags, no scale, and no buyer. They searched my house and found 4 plants in 2 different grow rooms and that was perfectly legal but 7oz of wet marijuana was not. They called in an expert DEA witness into court and he said that the amount I had makes me a drug dealer. Come on 7oz makes me a drug dealer, that bullshit. Can anyone help me with what I should do I got a lawyer but I am not sure he is doing everything he can.

[TorturedSoul]

1a. In my state, you have to sign a consent form in order for them to search your vehicle without cause (IOW, unless they see evidence or a K9 signals). I know that several other states require this due to a Supreme Court ruling (maybe all of them, IDK). If your state is one of them and you did NOT sign such a form, then plan on challenging the entire case. Do not jump the gun before your lawyer has their statements, though, because you wouldn't want them to suddenly add something like "And as I approached the vehicle, I observed the suspect try to stuff the bag of cannabis under his seat" or something. Not saying any LEO would ever do such a thing. Just not saying that none would ever, either.

1b. NEVER consent to a search. Why? Because if they have a legal right to do so, they won't ask you if they can... They'll tell you that they're going to (as they commence to do just that). Sometimes, they'll try using that whole "Well, you can refuse to consent but we have a K9 unit and it's... just around the corner, there, and if you don't consent we'll just walk the dog around the car and if there's anything in there he'll light on it and we can search without your permission" thing. Or the "We're going to search whether you consent to or not, but if you do and there's anything in there it'll go easier on you because you cooperated." Both of which are about as likely to be true as any given politician's campaign promises. Unless your location is different than every one I've ever been in, there is likely to be one, maybe three at the most K9 units. For every shift. And every call on every shift. Counting shared jurisdictions (IOW, city/county/state). So you might end up with two K9 units on duty. Maybe. Most likely one and sometimes none at all. Say there's one. Is he currently on a call? He can't just drop what he's doing and rush to you (not for a possible cannabis violation by a medicinal card holder, be different if it was explosives, lol). So he has to finish the call he's on, clear it with dispatch, then head to your location. Now I cannot say for sure what the time limit in your state is, but every jurisdiction has what is basically a time-limit that they're working under. They can only hold you at the side of the road for so long before they let you go (again, unless or until they find evidence of a crime, then that clock stops of course). So what you end up with is the "He's on his way, so why don't you just go ahead and consent?" speech. Now I've listened to the radio "once or twice" and just as soon as a LEO suspects that there might be a reason to call a K9 unit, he immediately contacts dispatch to ask if one is available and to get it headed his way. At that point - since they do tend to trust their dogs - he's not all that worried about whether you consent or not. Personally, I think that when that happens they're happier if you don't consent because - assuming that you do have something in your vehicle - it gives their dog a chance to produce. That always looks good in the papers, right? So... NEVER consent to a search. Not even if you are pristine & spotless. After all, if you get stopped ten times and consent to a search eight times... guess which two times they figure you're carrying, lol?

2. I don't always recommend a jury trial, because your lawyer doesn't pick the jurors - he's just part of the "team" that does and the other side is the other part. Well, actually nobody picks them, lol, they just take turns using their challenges trying to DQ the ones they don't want until they're left with a jury. But anyway... With what you described, if it gets that far I'd go for the jury option absolutely. It's so full of holes I'd seriously be laughing right now if I wasn't worried about ya. Their "expert" witless, huh? Said seven ounces of wet bud makes you a dealer? Send him out to try selling wet cannabis and he'll come back with holes in him leaking claret for sure. Any halfwit knows that wet bud has to DRY before it can be used. Sell someone an ounce and by the time they can even think about using it they've only got (on average, you could most likely get any number of people to make the statement, expert? How about your local dispensary owner? Et Cetera) a quarter-ounce of bud. Which they bought as an ounce. "Your honor, my client has instructed me to ask the prosecution's expert witness if he's officially classified as a halfwit." Well, you get the idea. Second, seven ounces of wet bud (or dry bud) doesn't make you a dealer. In truth, having any appreciable quantity makes you a dealer if you intend to sell it, but your state (most likely it's the state, but one of the jurisdictions under which you live) has already determined a certain minimum amount. Having multiple baggies (etc.), scales, and the like is kind of a gimme for them but you didn't mention any of those so I assume they're just going from weight? With luck, that amount is codified into law, but it might just be based on the prior record of your local legal system (precedent and such). A good lawyer would know because he deals with it regularly. He should also be able to tell the difference between wet bud and dry "ready to use" cannabis. And he may well challenge the prosecution to come up with ONE example in the entire history of the American legal system where someone sold... wet... cannabis. He'll also press home that "75% weight reduction during drying" thing.

I cannot say that you will 100% for sure walk. But I've been in a few uncomfortable situations, and I'd probably rest easier with that hanging over my head than the day my ex-wife's sister caught me looking down their other sister's dress and told me she was going to tell my ex- (who I was married to at the time).

I hope that your lawyer is a good one.

EVERYONE that uses - or is in any way associated with - cannabis should go right now and pick out a lawyer with the same care (if not more so) then they would use to pick out a spouse. It's a lot easier to do it when you've got all the time in the world because you don't have something hanging over your head. Less stressful, too.You can take the time to have a "meet & greet" with a number of them. Many of them would freely tell you a little about their experience as specifically pertains to cannabis. Honestly, for this you don't need the best lawyer in the world. But it will be helpful if he has some experience in the field. Not having cannabis-related experience... It doesn't mean they're a bad lawyer. They've all got to learn somewhere, after all, and many win their first cases (in any given subject). But it's always easier if you don't have to be that first case, right? So talk to as many as you can, be polite and let them know that you've heard great things about them and are still going to consider using them "for general needs" regardless, but you're looking for a cannabis-specific lawyer as well. As for you, you already have a lawyer. Hope it's a paid one, PDs are ok but they're almost always overworked. Paid ones... Well, they get paid whether they win or lose, but they want to win as much as anyone does, I guess. Hopefully there is good communication between you. THAT is key, you might feel like he's blowing you off because he's not spending a great deal of time with you. Well, it's possible that he is blowing you off, lol, but it's probably more likely that he just has a lot of clients and cases to deal with. A good lawyer budgets his time wisely - and expects his clients to do the same. So... I've found with professionals (lawyers, doctors, et cetera) it's a good idea to write down every point that you wish to address before your meetings. For me... Well, you can tell that once I get started talking you have to hit me up side the head to turn it off, lol, so it's even more important. Mom is the opposite - she gets to see the doctor and can't remember what she wanted to say, or doesn't assert herself and gets run over. So I refer to my paper to keep me focused and "to the point," while Mom does the same thing to encourage her to get things out.

You consented to the search. That means it was valid. No argument there.

You're legal for 2.5 ounces of dried cannabis. Your seven ounces of wet... That will average (can't say about yours exactly until it's dried) 1.75 ounces of dried product. Of course it'll vary. If the grower used a bunch of "bulking agents" you might end up with an ounce and a half or so. If he withheld water so the stuff literally started to "dry on the vine" then you could be near your limit - but that's unlikely as fook, because that would only reflect a 2.8x reduction in weight. Possible... but unlikely.

Your lawyer needs to focus on two issues:

Seven ounces of wet bud does NOT approach your legal limit when it is dried (and, again & always, it is NOT consumable unless and until it IS dried). Dried, dried, dried. Cannot be used at present, must be dried. When dried... You are legal.

Other issue: Possessing wet bud does NOT constitute being a dealer. Seriously. Trying to sell wet bud is akin to suicide. Or at least getting laughed right off the reservation. No multiple containers. No scales. And NO usable - dry - cannabis.

Worry. Just don't worry yourself sick, yes? Talk to your lawyer. Try to find out what his cannabis record is (not just win/loss but how many times he's played the game (so to speak). Now that can be somewhat... Well, after you've already hired him is not the best time, lol. I once made the mistake of asking a dental surgeon a few pointed questions immediately prior to surgery (as in I was already laid back in the dental chair). Don't get me wrong - he did a magnificent job and I have recommended him several times since. But - oddly enough - instead of having his nurse stick the needle in my arm, he did it himself and I tell ya that thing must have hit bone and gotten wiggled back and forth, lol. Turns out that people can get a little bit... annoyed... if they think your questions are evidence of you questioning their competency. And you do NOT want to give a professional that idea just before he decides to drill for oil into your arm - or when he's defending your right to be a free man. So use a little more... what's that word I never can remember, lol? Oh yeah, delicacy. I'm terrible at this, I could probably never sell used cars. But you'll most likely do a better job of talking to the professional than I do.

And good luck! Please keep us informed.

EDIT: I want to say that a GREAT lawyer would make sure that this case never even gets to the judge. Thing is... Thing is, prosecutors have been known to go ahead with patently unwinnable cases, so he might be the world's best and still not be able to get it tossed from the docket. He should go ahead and make the attempt, though. Hopefully the prosecutor wants a little somethingsomething and he'll concede that he has no case right off. (And hopefully the opposite isn't true and your lawyer is hoping for a boon in a capital case, lol.) I would definitely advance the suggestion that such a case is nothing but a tremendous waste of everyone's time and the taxpayers' money (and the judge's time, that probably deserves its own mention?) because YOU HAVE COMMITTED NO CRIME and YOU ARE NEITHER GOING TO PLEAD GUILTY NOR TAKE A PLEA. You are innocent and are going to plead that way and stick to your guns. Worst (realistic) case is that everyone completely gels their brains and you get convicted. If I'm not mistaken, the legal system in Michigan is still set up - assuming that this would be your first conviction? - to give you the offer of probation at the end of which this crime is wiped from your record. That's why they pushed for the felony designation - and why you NEED to make clear to all concerned that you could not possibly have been a dealer (based solely on the "evidence" that they have). They lose that and they spend time and effort for a .00000001% chance... that you'll be on probation for a relatively short period of time. That's their best case. Worst - and far more likely - case is they spend the same amount of time/money only to not only lose the case but net themselves a heap of bad publicity in the bargain.

[SMOKE 1]

In Michigan you do not have to sign a consent form,but you do have right to say yes or no to a search! He basically fucked himself by agreeing to allow the officers to search his vehicle. He should have said no and left it at that. I too was in the same situation but I told them no they can't search my car and without probable cause they got the fuck on,they were upset but they got the fuck on! For future references NO means NO! They cant CON you into shit!

[colin]

First of all I said no 3 times and they got their probable cause by saying they could smell the marijuana in the car. Either way I was not in violation of the law in Michigan, because the law states you can posses 2.5oz of DRIED marijuana, I had wet marijuana. So how am I in this position is still beyond me. Pus I got pulled over for a dirty license plate and no other reason I should get thrown out just on that alone. It was a bad stop all together. I have been to court a couple of times and got shity judges who now have bound me over to trial. We put the motion in to get it quashed but I have not received the date yet, but again I got another shity judge for that so it will probably be bound over again. The courts keep pushing the trial back just to keep me on the bond restrictions longer I think. My bond restrictions are cant smoke any weed ( I get drug tested twice a month which I have to pay for), no alcohol or bars, cant leave the state, and I have a 10:00pm curfew. I am a god damn veteran and not only a vet but a 100% disabled veteran. This is how they treat our hero's coming home from war this is fucked. Bottom line I did not break any fucking laws in this shit hole state. So how am I in this situation. And for you smoke 1 the thread said I need help, not your stupid opinion if you got a good lawyer let me no other wise don't respond.

[drudadamaja]

You weren't charged with a mistormeter but rather a "misdemeanor"

[colin]

Thanks for the spelling lesson and not offering a bit of help at my current situation. Thanks

[1lluminated1]

Fuck those dirty berrien pigs! They are filthy and corrupt. The michigan law states the marijuana must be usable. Wet marijuana isn't usable. However the prosecuting attorney is a prick and will throw multiple charges at you so you are forced to take a plea. That is how they do it. You have two choices. Go to a jury trial or take a plea.

The court system is a racket and that is how they get you, especially on that side of the state. From one veteran to another I wish you luck. Find yourself a good lawyer and take the case to a jury trial if you can afford it. The police were fishing and succeeded. They don't know/care about the law and will use anything to get an arrest.

Just be thankful that he didn't finger your ass.
Ex-Niles officer gets 5 to 15 years - South Bend Tribune

[colin]

They are pigs in berrien for sure. The prosecutor only has the one charge against me and he refuses to give me a plea at all. So we are talking it to trial. I just think its bullshit that it has come this far. I didn't do anything wrong to begin with. The court system out here is a racket. How they can charge me with manufacturing and delivery without any evidence is beyond me. They have nothing at all against me, but the 7oz of wet marijuana. They are saying that because of the amount I had that makes me a drug dealer. You have got to be kidding me 7oz come on.

[1lluminated1]

Colin you should contact the local newspapers and tell them of your predicament. Get the word out to the public what their taxes are going for. Let them know the police force is throwing disabled vets in prison when no law was broken.

I'd also recommend you go to some of the compassion clubs that exist throughout MI. Network with these people and you will find there are many other people who are in similar, fucked up situations.

[jcolehaley]

"Marihuana" (also spelled 'Marijuana') is a LEGAL TERM that is defined as follows in 21 USC 802(d) - The Controlled Substance Act:

(16) The term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

Notice the legal term(s) they use throughout this definition to allude/refer to the SCIENTIFIC name of "Cannabis sativa L."(not defined in any CODE because its a scientific identification of a PLANT species)
Not to dis any "medical marijuana" legislation, but ALL their Codes, Statutes, Regulations, etc., ONLY apply to legal fictions ("Person(s)") within the jurisdiction of the corporation known as UNITED STATES (STATE OF _____ is under the US. Not to be confused with the land of North America or the sovereign ______ (Michigan) state). And not to dis TorturedSoul's short book of great info there, but ALL Lawyers/Attorneys (and so-called Judges) are employees of and loyal to the STATE and BAR Association. Securing a Lawyer is telling the Court that you are INCOMPETENT to be (re-present) yourself, which in matters of arguing the endless statute laws, most people are incompetent... BUT in matters of REALITY and FREEDOM, you, the living breathing man, are the only one that should present (not RE-present your legal fiction/Person) yourself to the Court. I have no direct experience with any Court, but I have read enough about law to know that every so-called law is a COMMERCIAL CODE. Even the ones that deal with harming another, destruction of property and dishonoring a valid contract have been made into a COMMERCIAL transaction.

You did make your first mistake by giving in to their intimidation and "consenting" to their search, but this could be challenged because you were "Under Duress". This argument alone is enough to invalidate the illegal "contract" (your consent and subsequent signatures was your consent to contract, everything they do is under contract/commercial law codes) NEVER, ever consent, even if they have a so-called Warrant (NONE of them are VALID anyway) or threaten to call in the dogs or arrest you. NEVER, NEVER answer 'yes' to the question "Do you understand these rights?" Throughout the whole process, maintain your NON-CONSENT (with respect and honor)...

AS to your current situation, if I were in your shoes, I would fire the lawyer, and cease ALL debating or arguing and file on and for the record ASAP an Affirmation of Truth such as I have prepared for download here: Documents | jcolehaley.com scroll about half way down the page for the link to the .doc. I would also ask a question or series of questions and demand they be answered before proceeding, otherwise affirm the Court to be in dishonor and dismiss the case. A basic tenant of "Law" is any challenge that is not rebutted or countered is either consent by acquiescence or a DISHONOR. The 'party' that dishonors a challenge, looses by default. A living man has all the power and can lawfully dismiss the case, arrest Administrators (judges) or other Court officials who dishonor their OATH of office (or don't even have an Oath).. In fact that could be one of the questions to the "Judge" (there are no real Judges, they are all Administrators for The Crown/corporation/STATE) - "Do you have filed an Oath of Office?" Other questions could be along the lines of "What is the jurisdiction of this Court?" They don't want to answer that because they would have to state on the record that its under Admiralty jurisdiction and contract/commercial/bankruptcy law. They would rather dismiss the case than make a "precedent" (case law) such as that. Then everybody who studies the case would see the 'cat' that's been let out of its chains and bag...

Also see the post I just made "Marihuana is a LEGAL Term! Important Info for Everyone"

This is NOT "Legal Advice", its REALITY, you should always do your own research and make informed decisions. Standing as a lawful living breathing MAN is very powerful and they (lawyers, judges, etc.,) will use every intimidation in the unwritten book to tell you how wrong, crazy or illegal it is, but stand your ground, learn all you can and especially watch the Santos Bonacci videos (playlist on my website)... They are (supposed to be) the PUBLIC SERVANTS. YOU are the MAN, they serve you. You can direct the court and play the role of "Administrator" if you know what your doing and have the balls, which you no doubt DO!!!..

I wish you the absolute best in this situation.

Cole

[H-factor]

Think about it, how would a cop know the difference between dry and wet cannabis.

Why would you be carrying 7oz of unusable cannabis in the first place

[jcolehaley]

"Do you need a Lawyer?:

A Lawyer (Barrister or Solicitor) can only "represent" the artificial-person in any legal proceedings. If you use a Lawyer, you remain within the artificial-person domain and therefore are subject to the full force of all the statute laws. You only have a small chance of winning any proceedings, and usually at great expense, because you have to deal with every law, most of which have taken away the rights and freedoms of the natural-person.

A human-being can "present" himself as a natural-person in any legal proceedings, and does not need a Lawyer. You should never "represent" yourself, only "present" yourself. If you do not use a Lawyer, you can remain within the natural-person domain and therefore still have all your fundamental rights and freedoms intact. You have a very high probability of successfully winning any legal proceedings because the rights of a natural-person are sacrosanct (immune from violation) in any court. If you do not wish to conduct your own legal proceedings, you may have another human-being act as your "agent" and conduct the proceedings for you."

Although somewhat limited, this site is a great read: Natural-Person Government Tricks Page

From the UCC § 1-201. General Definitions Uniform Commercial Code - Article 1
(27) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

In common English you can find the definition of "individual" as meaning not- divisible, single entity, etc., I have also been searching for the legal definition of "Individual." After several attempts and numerous websites, I found ONE page on justanswer.com from the "Expert" who uses many words, but does not actually give references to the definition. He rambles on and on about how it comes from the constitution (which does not 'define' the word, only uses it), and then FINALLY gives the one and only reference that I think does actually exist for this widely used term (I know why, but can hardly imagine that such an important and widely used word does not have more of a 'definition' than this):

(2) the term "individual" means a citizen of the United States or an alien lawfully admitted for permanent residence; U.S. Code TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 552a Records Maintained on Individuals.
What is the legal definition of the word ... - JustAnswer

This (and law in general) is such a rabbit hole of endless ring-around-the-rosie and incomprehensible mumbo jumbo BS. Reading that definition only leads to more questions: what is "citizen of the United States?" well again there is no real clear definition, but I found this:

Synonyms: citizen, national, subject
These nouns denote a person owing allegiance to a nation or state and entitled to its protection: an American citizen; a British national; a French subject.

So we can put that together and say that an "individual" is a "subject of the United States" which includes all corporations and legal entities/fictions or "Person(s)."
I should note that in the definition of "individual" at individual legal definition of individual. individual synonyms by the Free Online Law Dictionary. , it says "See also: corpse, patent, person and sole among others. Note that "sole" means 'one, only' and I have mostly seen it refer to a corporation 'sole'...

Well, I could go on and on with comments and pasting definitions, but I gotta take a shit.

The point is that the living breathing man on the land is FREE and "Sovereign" - the endless Statutes, Codes and Regulations that politicians (CEO's and officers of the corporation) put out, ONLY applies to the corporation and its subjects, which are nothing more than legal fictions, pieces of paper and bits of data. Except for their uniforms, guns and use of force, cops have no more authority over you than any other MAN, AND they can be held personally responsible for violating your sovereign rights.

[colin]

Hey h factor The post said i need help so if you don't have any help than don't respond. And the cops can tell if its wet or dry, stick your fucking hand in the bag and if it feels wet than maybe I would conclude that its FUCKING WET. And second I don't explain shit to nobody especially you. Don't worry about what I was doing with it. It is none of your concern.

[Zjanshe]

Man hope shit goes well i live in Ottawa county man just get through that shit and they will possibly let u off early release of probation they did that to my brother just prove em wrong and when ur done just hide that shit better

[cannatonic]

Makes me feel so safe and cozy when i sleep at night to know that this fine nations law enforcement has nothing better to do than bust people for minor possession. What they need to do is go after the people manufacturing dangerous and deadly hard narcotics that are destroying families. Hope you can figure this mess out brother, best of luck.