My son was arrested feloney possesion for sales.* I bailed him out and his next court date is June 2 09 in San Bernardino County supireor court.* The public defender says that the judge is going to give him a year jail time.* This is his first ofence and he has a med.card to have pot.* I can't afford a lawyer they won't give back his pot or the money they took when he was arrested because they say it was for sales. We can't afford to get more right now and he needed that money for school and work this has realy set us back is there anything that can be done.* Can anyone help us please we don't have much more time.* Please help.* I can trade work for help I'm a roofer and house painter contractor, I'll do anything so he doesen't go to jail for a year.* Please help us.(sorry about the spelling spell check didn't work)
MAYDAY MAYDAY. My son was arrested what do I do?
- Thread starter jayleenc4
- Start date
He'll have a court apointed attorney but I'm afaraid he won't be much help probably. Had a friend from Washington that was busted up in Crescent City for the same thing, he ended getting off with a $100 fine.
Did he have the weed in dealer pakages? Did he have scales? If he's got a med card he should be able to get off depending on quantity and the factors I just asked about.
Did he have the weed in dealer pakages? Did he have scales? If he's got a med card he should be able to get off depending on quantity and the factors I just asked about.
- Thread starter
- #3
No it was in a jar and yes he had scales and browny's he had just come back from the lady's house that makes them for him because he rather eat it and not smoke it. I think he had about an oz.
Hightide805
New Member
i don't want to be bad news bear but...
A mmj card is for medical resons, not for selling to your friends, or anyone,(prob why mmj is so disputied) i tell everyone they should look into it if they NEED it. don't ask me for it.
really.. he shouldn't have been selling it, his doctor told him that.
sorry.
Hightide805
New Member
...... and i'm suprised based on the CONTENT that a mod hasn't said someting about this thread or closed it .....
Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
its a post about a legal mmj patient who got busted on his way home from having someone do some baking for him, if we believe his mother (just because its a mother posting about her son doesn't mean he's a kid). i see no reason not to believe her since legal cardholders are hasseled everyday. the matter of the scale is questionable but not if it was for measuring the meds going into the brownies. of course the leo's won't see it that way. i'm really not seeing a problem with the post, but its not my forum of moderation.
the best way to report a post when you think there is a problem would be to click on this icon at the bottom of every post. that will make sure the staff sees it
RooRman
Well-Known Member
Miranda warning states "... if you cannot afford an attorney, one will be appointed to you."
However, you must prove through records that you are in fact financially incapable of affording an attorney before the court will appoint you a public defender. If you are working and have any sort of income, the chances of getting a court appointed attorney are slim to none. Furthermore, they are some of the most overworked people in the entire legal system and therefore they do not represent the best defense.
It could be argued that the possesion of the scale was simply to verify that the med. card holder was receiving the proper quantity when they made a purchase from a legal dispensary. Having a scale in his possesion does not automatically make him guilty of reselling the product, unless it can be proven through the use of other evidnece that was his intended application of the scale.
However, you must prove through records that you are in fact financially incapable of affording an attorney before the court will appoint you a public defender. If you are working and have any sort of income, the chances of getting a court appointed attorney are slim to none. Furthermore, they are some of the most overworked people in the entire legal system and therefore they do not represent the best defense.
It could be argued that the possesion of the scale was simply to verify that the med. card holder was receiving the proper quantity when they made a purchase from a legal dispensary. Having a scale in his possesion does not automatically make him guilty of reselling the product, unless it can be proven through the use of other evidnece that was his intended application of the scale.
It sounds like you should have a pretty good case. Just explain the scale was for making sure he got his money's worth. But don't expect to get the money and MJ back quickly. The wheels of justice grind very slowly. Try and get an attorney apointed and see what they can do.
420
Founder
scales are often used to measure rations of medical Cannabis, in this case it would seem possibly that they were measuring rations for the brownies, as well as rationing amounts for joints, etc... scales are not only used for selling anymore... with a valid doctor's recommendation, he should be fine... you might even be able to have it dismissed before it even reaches court by simply providing original documents to the state's attorney... don't procrastinate, do this now... we have all the info you need here in these forums, use the search feature and spend your next few days educating yourself... sending you positive energy through the universe.
this makes no sense to me, sorry.
this makes no sense to me, sorry.
mtlhead
New Member
probably just read the person was arrested for "possesion for sales" and jumped the gun.....
Whether you can afford an attorney at this stage, I'd be calling them anyway. Most have free 30 minute initial free consultation.
Who knows you might get a kind one who'll do a little work pro bono. You do have a heartbreaker if a situation.
California Lawyers - NORML
I agree with the comments on the scale, particulaly that since MMJ prices are so high and with the tough economy people that really need their medicine need to divide it into portions to make sure they don't run out before they can afford to buy more.
I wish you the best
It's bad enough that plant lovers are persecuted, but when people that need their medicine to live are harassed - it's cruel.
Who knows you might get a kind one who'll do a little work pro bono. You do have a heartbreaker if a situation.
California Lawyers - NORML
I agree with the comments on the scale, particulaly that since MMJ prices are so high and with the tough economy people that really need their medicine need to divide it into portions to make sure they don't run out before they can afford to buy more.
I wish you the best
It's bad enough that plant lovers are persecuted, but when people that need their medicine to live are harassed - it's cruel.
- Thread starter
- #12
i don't want to be bad news bear but...
A mmj card is for medical resons, not for selling to your friends, or anyone,(prob why mmj is so disputied) i tell everyone they should look into it if they NEED it. don't ask me for it.
really.. he shouldn't have been selling it, his doctor told him that.
sorry.
[He was not selling it. He would never sell his stuff .
- Thread starter
- #13
Happy Kitty
Well-Known Member
He wasn't selling, that's what they said he was doing.
San Bernadino county is way behind the rest of the state when it comes to medical marijuana. There are many articles here that talk about the county fighting the mm laws that the people of CA voted in. Here's an example, but you can find many more by using the search button above.
County's Stance On Medical Marijuana Remains Up In The Air
I wish you the best and I hope you will keep us posted on what is happening. If it was me, I would be singing to the rafters and making sure the residents of San Bernadino county know what is happening to their medical marijuana patients.
San Bernadino county is way behind the rest of the state when it comes to medical marijuana. There are many articles here that talk about the county fighting the mm laws that the people of CA voted in. Here's an example, but you can find many more by using the search button above.
County's Stance On Medical Marijuana Remains Up In The Air
I wish you the best and I hope you will keep us posted on what is happening. If it was me, I would be singing to the rafters and making sure the residents of San Bernadino county know what is happening to their medical marijuana patients.
I agree i dont think the kid was in the wrong im pretty sure he had his scale to check out that his medical dealer hadnt ripped him off this stuff isnt cheap sometimes and you need everylast gram. As for it being bagged up I myslef have got bagged up ready to go weed from my dealer, in different baggies made it seem like i sold it. But i alway carry a baggie so i can throw in everything together so just incase it can be personal use instead of intent to sale if left in the baggies. I also think if he had his mj card he can have a good fight against the court. maybe the lady who makes it for him can testify and say she makes them for him and why
greengo840
New Member
In CA
Possession up to 28.5 grams is a misdemeanor
Selling any amount is a felony. Giving away any amount less than 28.5 is a misdemeanor
It's next to impossible for anyone to prove his intent to sell or distribute. With a med card, the scale and individual doses are next to useless (as evidence to prove intent).
Bruce Margolin’s legal counsel regarding CA pot laws is on the web and free.
I'm sorry you have to deal with this but keep your wits about you, and just push on through. Please update this.
Possession up to 28.5 grams is a misdemeanor
Selling any amount is a felony. Giving away any amount less than 28.5 is a misdemeanor
It's next to impossible for anyone to prove his intent to sell or distribute. With a med card, the scale and individual doses are next to useless (as evidence to prove intent).
Bruce Margolin’s legal counsel regarding CA pot laws is on the web and free.
I'm sorry you have to deal with this but keep your wits about you, and just push on through. Please update this.
Here's a link to the Margolin Guide
Download free PDF version of the Margolin Guide.
My wife got it when she got her MMJ card. Some good info here.
Download free PDF version of the Margolin Guide.
My wife got it when she got her MMJ card. Some good info here.
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