Busted

[G-Dog]

Trampling on the Sixth Amendment to the United States Constitution again.

Have your attorney move for a mistrial. It won't work - but it should.

Best of luck to you in the fight, btw.

Yeah, I have to agree with TS, but then I don't know how You feel about the date move.

I had a trial of my own that I continued for a year because I was terrified with the possible out-come. Not as severe as your's, but my liberty was still at stake. I was slapped on the wrist because of a favorable judge, and the fact that I got the judge that I did is a story in it's own, but I survived. I was supposed to get the charges removed from my record completely if I followed through with some court orders. I did what I was supposed to do and a year later I find that I still have it on my record. My attorney and the courts are 3000 miles away, so I do not know what to do. I just say this because I failed a criminal background check. I have possession of 3 grams on my record in the state of Virginia. The place I had the criminal background check is Oregon. In Oregon if you get caught with 3 grams the absolute worst thing that can happen is you get a ticket like speeding and a fine up to $500. Usually what happens in Oregon is they do not even bother you for it. To get the fine you had to hassle the cop in some way or have the weed with a few other things that they just want to pile up on you.

Good luck. The waiting is the hardest part. When I sat in the courtroom for my offense I watched the judge throw a lot of guys like me in jail. I was ready to throw up for 4 hours or so. The hanging judge was overwhelmed with cases that day and took lunch. As soon as he was gone my attorney told the clerk he had some other stuff to do and asked to rush me through. I got the easy judge and the easy treatment. All my worry was about a $750 fine and some counseling that cost me about $300.

 

[420]

This is wonderful news brother.

I was just informed the Trial has been postponed until mid January and wanted to let everybody know.

Sending you all my love and positive energy through the Universe.

 

[Wingman420]

Trampling on the Sixth Amendment to the United States Constitution again.

Have your attorney move for a mistrial. It won't work - but it should.

Best of luck to you in the fight, btw.

Thanks TS my Atty has some papers for me to sign about this very issue.

The seven rights listed in the 6th Amendment include:

1. The right to a speedy trial
2. The right to a public trial
3. The right to be judged by an impartial jury
4. The right to be notified of the nature and circumstances of the alleged crime
5. The right to confront witnesses who will testify against the accused
6. The right to find witnesses who will speak in favor of the accused
7. The right to have a lawyer

I also am affirming my Fourth, Fifth, and Sixth Ammendment Rights at Trial

TS you are a truly great friend and I thank you for that!

 

[Wingman420]

Yeah, I have to agree with TS, but then I don't know how You feel about the date move...

I had a trial of my own that I continued for a year because I was terrified with the possible out-come. Not as severe as your's, but my liberty was still at stake......

...Good luck. The waiting is the hardest part. When I sat in the courtroom for my offense I watched the judge throw a lot of guys like me in jail. I was ready to throw up for 4 hours or so. ......

In all honesty I am afraid for my children and what a prison sentence for me means for my family. My father is 88yrs old living in FL, and married to woman my age. My mom is 70's and has been a tremendous help with my kids. With an ex in the wings, drugged up and waiting to pounce on my kids for custody and $$$ anything less than an acquittal is not acceptable. My prevailing with a Not Guilty verdict is truly the only outcome that will place me on the path to being made whole again. Just so everyone remembers I was HELD Without Bail for 40days and nights after the police violated my Rights, illegally arrested me, falsified police reports, seized all my grow equipment and destroyed my plants. They then gave my children to my ex without ever notifying Child Services and allowed her free access to my home to steal whatever she wanted. This was done with NO USABLE Marijuana in my possession or at the home. All Plants were "immature-non flowering starts and seedlings" and I did not even have enough MMJ for a bowl pack. I never sold to an informant or undercover. I had no firearms, illegal weapons, drugs, or money in my home or possession either.

This is wonderful news brother.


Sending you all my love and positive energy through the Universe.

I agree and for your friendship and support.

While getting arrested and accused of criminal behavior is completely embarrassing I want to communicate my appreciation for all the kind words of support and posts sharing experiences. I know now that I am not alone. Despite an ex wife and Police dept trying to kick me down and keep me there, the Love, Kindness, Empathy, and Encouragement shown me here at 420Mag has steeled my resolve to stand up and protest this abuse of Power. Hopefully making other policemen think twice before they lie, cheat, steal, and bear false witness. But I must be acquitted first.

 

[G-Dog]

It is hard to believe this is happening for so little Wing.

I hope when this is all behind you that you get to a place that is a bit easier on the subject. Sounds like RI is pretty bad.

I have lived in some pretty bad places, so I know they exist. I am not saying I will never go to Louisiana again, because I may have to. I do not even know if moving for the sake of our herb is the correct move. I have heard that Maine is pretty liberal in that regard.

 

[Tmac12]

How old are the kids and would they like to relocate if need be???

 

[Wingman420]

It is hard to believe this is happening for so little Wing.

I hope when this is all behind you that you get to a place that is a bit easier on the subject. Sounds like RI is pretty bad.

I have lived in some pretty bad places, so I know they exist. I am not saying I will never go to Louisiana again, because I may have to. I do not even know if moving for the sake of our herb is the correct move. I have heard that Maine is pretty liberal in that regard.

I also find it unbelievable and am asserting my Constitutional Rights in Court.
Maine has a 3 plant flowering limit
RI has 12 with a maximum of 36 Flowering and 24 non flowering if both Patient and Caregiver.

How old are the kids and would they like to relocate if need be???

My kids are 7, 10, 15 and 16. They would have a say where we go, and would gladly go anywhere, despite growing up in the home. After the police circumvented the Family Court and gave them to my ex they are afraid of the local cops. Thanks for asking.

 

[David Phineas]

Sorry for interrupting. I have read most of this thread and have a question.

Were you arrested and charged under federal law, the Controlled Substances Act?

 

[Wingman420]

High David, for asking, I was arrested by local police, the Feds did not pick up the charges and am looking at State time. All Marijuana prosecutions be it in either State or Federal Court are violations of The Controlled Substances Act of 1970. State Legislatures around the Country have enacted legislation that mimicks Federal statutes almost verbatim when it comes to this issue. I am charged by the State of Rhode Island and Providence Plantations with Cultivation, and Manufacture, Manual Delivery of Controlled Substances Sch I-II, Posession with Intent to Deliver Controlled Substances Sch I-II, Obstruction of Justice, Resisting Arrest, and Assault on Police Officer.

All this for having NO usable Marijuna in my posession!

 

[David Phineas]

I don't understand why you are receiving the state charges if you are a licensed caregiver in your state. Do you have time to explain this part of the story?

Thanks.

 

[WillyBudz]

We had a guy here in Colorado in a wheelchair, busted with 30 plus ounces and some plants... Feds did not pick up the charges..Even tho the Colorado Law states 2 ounces and 6 plants (3+3) he got off scott free AND the judge had the cops return all of his stuff.....Colorado Law also states the quantity of medicine allowed is "as needed to treat". Thank god we made it part of the state constitution........

Hopefully all turns out well in the State BS for you......




WillyB

 

[TorturedSoul]

Quantity-limts are arbitrary things in the first place. I say that because there is no standardization across the board of strength - between strains, between phenotypes, etc. Your ounce might not have the same total active content as mine or it might have more. And if yours (or mine) contains less, it still might be more viable medicine for the situation for you (or me). And that's just the primary(?) things that are mentioned - THC, Δ9-THC, CBD, CBN, et cetera. There is a lot more that doesn't get discussed for the most part that the average person - including me - probably has no real clue about that might have medical benefits either in their own right or in conjunction with one or more others and who is to say that if a person who has the legal right to consume, say, two ounces per week of the finest kind, that he/she would not benefit more from instead consuming a pound of a markedly "lesser" strain?

I don't (generally) get vocal about it in my... occasional rants in public in the real world under a different persona because I can only assume that the general reaction would be that such would be a valid (har har har) argument for banning all of it and going to lab-designed machine-stamped "equals" (again, har har har) for standardization's sake - which would do NO ONE any good.

To me, the MEDICAL side of the argument and it's resulting laws ought to be pretty simple: Do you benefit? Yes? Then you can possess/grow/procure it. <that's a period, as in "you can, period." Do NOT sell (et cetera) to anyone who is not also legally able to possess/grow/procure it under your/their medical laws. Take reasonable precaution to store it and grow it in such a way that you don't inadvertantly make it easy to steal or to fall into the hands of juveniles. Which would amount to pretty much the same reasonable precaution that one takes with anything... If you have a Rembrandt hanging on your living-room wall and someone steals it, it's still a crime that the person stealing it commits even if that painting could be seen by someone walking past your open window (ok, I might argue that such a theft would be bound to happen... But then again, placing that rare painting in plain view is the owner's choice because there is also reasonable expectation that his/her home is PRIVATE PROPERTY - it's nice to keep your car in a garage but if you leave it in your driveway, it's still not a valid legal excuse to steal it). Stick to (or switch to) prosecuting the criminals and LEAVE THE VICTIMS ALONE, they've already got it tough enough in a world where honesty and integrity doesn't seem to be as important to some as it once was and should always be. Not to mention whatever medical issues that they may have...

Sorry for the rant, Wingman420. Sometimes it's like an avalanche - it starts with a couple of pebbles (mild statements) and ends up a thing that I find myself riding down the hillside, lol.

Continued best wishes!

 

[Wingman420]

I don't understand why you are receiving the state charges if you are a licensed caregiver in your state. Do you have time to explain this part of the story?
Thanks.

I do not understand either my friend. Other than the fact that when police arrested me before finding my plants they violated my rights and continued to do so by searching without warrant or cause, going so far as to take my keys and unlock deadbolted doors. They then denied my legal counsel and forced me to sign a "permission to search" document through threats, coercion, and violence. I was denied all constitutional rights and was then held without bail. The fact I was held without bail further opens the door and solidifies a foundation for a Civil action against the policemen, detectives, City, and the RI Assitant DA Pamela Chen who have trampled my rights and the Hawkins-Slater Medical Marijuana Law. Everybody expects me to sign and not fight. Taking a plea deal amounts to a conviction an I will NOT do so. I was NOT breaking RI Law and all plants were starts from seed that was not feminized, meaning at a minimum 50% would be discarded in early flower when sex was shown because only Female Marijuana makes buds. Again there were NO plants in Bud or (Flowering) and I had NO usable Marijuana either drying, curing, or usable period. I want to win this case and stop the harrasment of innocent patients like myself. I am a victim of Police brutality, Police negligence, illegal search and seizure, and countles Civil Rights violations that were due me according to the Bill of Rights and Our Constitution. The Assistant DA is also to blame for backing these Nazi Bastards who told me explicitly "We dont cgive a F*** about the Card or MMJ" and "F*** you got to Jail."

Anyone who feels the need please feel free to contact the Attorney General's Office in RI and state your frustration with public servants looking to put me in prison and deny me my medication while I was following not only the letter of RI MMJ Law, but also the spirit of the Law.

We had a guy here in Colorado in a wheelchair, busted with 30 plus ounces and some plants... Feds did not pick up the charges..Even tho the Colorado Law states 2 ounces and 6 plants (3+3) he got off scott free AND the judge had the cops return all of his stuff.....Colorado Law also states the quantity of medicine allowed is "as needed to treat". Thank god we made it part of the state constitution........

Hopefully all turns out well in the State BS for you......



WillyB

Thanks Brother, I really need your well wishes, support, and information about any similar cases across the country.

Quantity-limts are arbitrary things in the first place......


.......Stick to (or switch to) prosecuting the criminals and LEAVE THE VICTIMS ALONE, they've already got it tough enough in a world where honesty and integrity doesn't seem to be as important to some as it once was and should always be. Not to mention whatever medical issues that they may have...

Sorry for the rant, Wingman420. Sometimes it's like an avalanche - it starts with a couple of pebbles (mild statements) and ends up a thing that I find myself riding down the hillside, lol.

Continued best wishes!

TS my brother from another mother I truly look forward to your input and you never have to apologize for the educated opinions and information you offer.

Again I invite anyone and everyone to The RI Superior Court, 250 Benefit St, Providence RI on January 31st at 9:00am where my Trial will commence.

I also implore any citizen across America to call the Rhode Isalnd Attorney General's Office voicing their displeasure with the prosecution of a legitimate State Licensed Patient and Caregiver who was clearly within limits.

 

[Barry Manilow]

Wanted to stop in and offer my support and best wishes Wingman. The only crime being committed here is what society is doing to you and your family.

 

[Aloss]

Wingman420, I would first like to, as the other have, sympathize with your situation and wish you the best of luck. Sympathy is always a nice reassurance in times like these. But sympathy wont keep you out of jail now and that is the end goal.
After reading the majority of this thread I must say I am utterly disgusted with how you local legal and judicial authorities have treated you. Listed below are two cases I recall from my pre-law studies. I do not recall either case names but any institution with access to Lexus Nexus or similar databases could easily find out. Best of luck to you sir.

*Note I wrote paragraphs labeled 1 and 2 before the above section, just to clear any confusion in context.


1. I am having difficulty finding the case but there was a case in CA where a medical grow room was raided and San Diego County pressed charges saying "federal law trumps state law", meaning they do not have to follow state law if they so choose. Instead federal is an acceptable means of justification for such raids. The case was filed in 2006 and the argument was denied by both the San Diego Superior Court AND the Fourth District Court of Appeals. The CA Supreme Court then refused to hear the appeal by authorities.

2. There was also a case in RI (Cranston City I believe) where authorities pulled over a CA medical marijuana card holder. The officer searched the car and found roughly an ounce. The card holder showed the officer that he was indeed a legal medical marijuana user. The officer proceed to arrest this individual. The case was dismissed on the grounds of the medical marijuana card.

 

[Siscokid]

"All seed bearing plants I give to you" by GOD. Oh and then there's "In God we trust"!

Makes me sick, which is why I'm now a Cannabis Activist. My best wishes for you and your family.

I'll pass the word around for ya' here in my state.

 

[Wingman420]

Wingman420, I would first like to, as the other have, sympathize with your situation and wish you the best of luck. Sympathy is always a nice reassurance in times like these. But sympathy wont keep you out of jail now and that is the end goal.
After reading the majority of this thread I must say I am utterly disgusted with how you local legal and judicial authorities have treated you. Listed below are two cases I recall from my pre-law studies. I do not recall either case names but any institution with access to Lexus Nexus or similar databases could easily find out. Best of luck to you sir.

*Note I wrote paragraphs labeled 1 and 2 before the above section, just to clear any confusion in context.


1. I am having difficulty finding the case but there was a case in CA where a medical grow room was raided and San Diego County pressed charges saying "federal law trumps state law", meaning they do not have to follow state law if they so choose. Instead federal is an acceptable means of justification for such raids. The case was filed in 2006 and the argument was denied by both the San Diego Superior Court AND the Fourth District Court of Appeals. The CA Supreme Court then refused to hear the appeal by authorities.

2. There was also a case in RI (Cranston City I believe) where authorities pulled over a CA medical marijuana card holder. The officer searched the car and found roughly an ounce. The card holder showed the officer that he was indeed a legal medical marijuana user. The officer proceed to arrest this individual. The case was dismissed on the grounds of the medical marijuana card.

Wow I will definitely research this at the Atty's office. I am familiar with Lexus Nexus and appreciate the help. I can only hope that a Jury can see the insanity behind this aggressious prosecution.

"All seed bearing plants I give to you" by GOD. Oh and then there's "In God we trust"!

Makes me sick, which is why I'm now a Cannabis Activist. My best wishes for you and your family.

I'll pass the word around for ya' here in my state.

siscokid, I am grateful for your help!

 

[Wingman420]

On a side note my home was broken into awhile back. I debated reporting it because I feared they would lie again and arrest me. The police treated me with dignity and respect and continue to lead the investigation building a case against the culprits. I had some friends here that are veteran LEO and FF's who know many of their union brothers and did know several officers who responded. I was not re-arrested and the same Policemen that arrested me for growing is now among those investigating and questioning the scumbags who broke into my home. I believe that reporting the break-in is helping to prove the police were wrong to arrest me.

 

[Barry Manilow]

Jeez the hits keep on coming. Hang in there and keep fighting brother. Good luck.

 

[Wingman420]

Thanks Blue, it doesen't get any easier. I just keep my chin up and stay in the fight with my eyes on the prize!