420 Magazine Background

The Care and Feeding of Your Lawyer

Smokin Moose

Fallen Cannabis Warrior
Background
I was a criminal defense lawyer in a large US state until recently switching to civil. I do not grow, but I am a "friend of the herb". This FAQ will cover what to do after you have been busted.

OK, so you've been busted, now what?
First, face reality. What you've done is illegal.

You should invoke your 5th Amendment right to remain silent immediately upon your arrest. When you are busted you need to keep your mouth shut tight "I want to SPEAK to my lawyer!" should be your only words.

Second, hold your head up high. What is 'illegal' should not be. You are now a casualty in an unjust and corrupt war.

Third, get busy! Research a good criminal defense lawyer. You should have already done this (more on that later). But, if you didn't, ask around.

What should I look for in a lawyer?
Most lawyers will do a free consultation. Beware the attorney who promises that he can get a specific deal for you. Promises of this nature are unethical, and an unethical lawyer is more likely to screw you. Drug case are very specialized and technical.

I would want at least 5 years criminal defense experience, the more drug cases the better. The better he (or she) knows your prosecutor and judge, the better off you will be. Get a lawyer who has practiced in the jurisdiction where your case will be adjudicated.

Each state, county and even the particular judge will have different rules about pretrial and trial procedure. Your lawyer must aware of these differences. Missed filing or appearance dates can be extremely damaging. Your lawyer should be familiar with various bail bondsman and direct you to one who is honest .

Keeping the name and number of your lawyer in your wallet, can be beneficial in easing you through the process during a bust.

After you find a lawyer you feel comfortable with, LISTEN TO HIM!!! You can help yourself out by appearing interested in your own case, being realistic, and being polite. Venting your rage won't help anything, neither will explaining your vast knowledge of the law (Ask any questions you may have, but let your lawyer do his job).

How much will a lawyer cost?
With the exception of a public defender, you will be paying much of your hard earned (grown?) cash to your lawyer for his wise counsel.

Depending on your area, his skill, experience, etc., will cost from $130 (small town) to $350 per HOUR (US). Lawyers specializing in drug cases may cost even more.

He will estimate how much time it will take for an investigation, preparing papers to file, going to pre-trial hearings, entering a plea or going to trial, etc, and come up with a figure.

You need to honest with yourself about the strength of the evidence against you, and be thinking about whether you want to accept a plea bargain or a bench (judge) or jury trial.

Most lawyers will demand the full amount up front. (Some will demand ½ upfront, ½ on the trial date). There is no such thing as a contingency fee in criminal law; they are illegal.

Your costs will include weekly payments to your bondsman, and all the ordinary expenses of daily life until trial date.

The more money you have the less likely you will see the inside of a prison cell. Not because the system is inherently corrupt or you can bribe anyone (bad idea), but because a legal team costs money. Commercial growers should set aside a sizeable amount, somewhere that is UNTRACEABLE TO YOU.

Public or Court-appointed defenders
If your indictment is felony grade, the 6th Amendment entitles you to a lawyer paid for by the state, otherwise known as the public defender or a court appointed lawyer, if you can't afford to pay for one yourself.

Expect to have a short hearing on what assets you own that may be converted into cash to pay for your own lawyer. Judges don't like defendants suckling from the public teat if its avoidable.

Public defenders get a bad rap, but they are often the most experienced criminal lawyers around, and likely know everyone in the system.

The 6th Amendment has been interpreted to not only provide you with counsel when charged, but also with a lawyer you can SPEAK TO within a REASONABLE time. What is reasonable varies by jurisdiction (anywhere from 2 days to a month).
 

Roman

New Member
The one question that makes all the difference between felony and misdemeanor. Is a clone considered a plant? If I have 3 mothers and two clones is it considered 5 plants or just three since the two clones in fact nothing more than branches of the mothers>? It comes down to a grafting question and does this question mean a person should hold out for a trial or take a deal?
 

Ganjarden

Nug of the Month: Aug 2008
Majority of what I have seen with law enforcement and clones is they count it. In the dirt and it's a plant.
 

Sensibowl

New Member
Background
I was a criminal defense lawyer in a large US state until recently switching to civil. I do not grow, but I am a "friend of the herb". This FAQ will cover what to do after you have been busted.

OK, so you've been busted, now what?
First, face reality. What you've done is illegal.

You should invoke your 5th Amendment right to remain silent immediately upon your arrest. When you are busted you need to keep your mouth shut tight "I want to SPEAK to my lawyer!" should be your only words.

Second, hold your head up high. What is 'illegal' should not be. You are now a casualty in an unjust and corrupt war.

Third, get busy! Research a good criminal defense lawyer. You should have already done this (more on that later). But, if you didn't, ask around.

What should I look for in a lawyer?
Most lawyers will do a free consultation. Beware the attorney who promises that he can get a specific deal for you. Promises of this nature are unethical, and an unethical lawyer is more likely to screw you. Drug case are very specialized and technical.

I would want at least 5 years criminal defense experience, the more drug cases the better. The better he (or she) knows your prosecutor and judge, the better off you will be. Get a lawyer who has practiced in the jurisdiction where your case will be adjudicated.

Each state, county and even the particular judge will have different rules about pretrial and trial procedure. Your lawyer must aware of these differences. Missed filing or appearance dates can be extremely damaging. Your lawyer should be familiar with various bail bondsman and direct you to one who is honest .

Keeping the name and number of your lawyer in your wallet, can be beneficial in easing you through the process during a bust.

After you find a lawyer you feel comfortable with, LISTEN TO HIM!!! You can help yourself out by appearing interested in your own case, being realistic, and being polite. Venting your rage won't help anything, neither will explaining your vast knowledge of the law (Ask any questions you may have, but let your lawyer do his job).

How much will a lawyer cost?
With the exception of a public defender, you will be paying much of your hard earned (grown?) cash to your lawyer for his wise counsel.

Depending on your area, his skill, experience, etc., will cost from $130 (small town) to $350 per HOUR (US). Lawyers specializing in drug cases may cost even more.

He will estimate how much time it will take for an investigation, preparing papers to file, going to pre-trial hearings, entering a plea or going to trial, etc, and come up with a figure.

You need to honest with yourself about the strength of the evidence against you, and be thinking about whether you want to accept a plea bargain or a bench (judge) or jury trial.

Most lawyers will demand the full amount up front. (Some will demand ½ upfront, ½ on the trial date). There is no such thing as a contingency fee in criminal law; they are illegal.

Your costs will include weekly payments to your bondsman, and all the ordinary expenses of daily life until trial date.

The more money you have the less likely you will see the inside of a prison cell. Not because the system is inherently corrupt or you can bribe anyone (bad idea), but because a legal team costs money. Commercial growers should set aside a sizeable amount, somewhere that is UNTRACEABLE TO YOU.

Public or Court-appointed defenders
If your indictment is felony grade, the 6th Amendment entitles you to a lawyer paid for by the state, otherwise known as the public defender or a court appointed lawyer, if you can't afford to pay for one yourself.

Expect to have a short hearing on what assets you own that may be converted into cash to pay for your own lawyer. Judges don't like defendants suckling from the public teat if its avoidable.

Public defenders get a bad rap, but they are often the most experienced criminal lawyers around, and likely know everyone in the system.

The 6th Amendment has been interpreted to not only provide you with counsel when charged, but also with a lawyer you can SPEAK TO within a REASONABLE time. What is reasonable varies by jurisdiction (anywhere from 2 days to a month).

Huh, good thing I don't grow. LOL

:tokin:
 

Firestone

New Member
Huh, good thing I don't grow. LOL

:tokin:

LOL.


It goes for buying,possession,and transport,too. Outside of a MMJ state or in one with no card,and your screwed too.

MM's post is maybe the best info I've seen on this board. If you fool around with this stuff long enough you're going to get busted,it's part of the game. You better know what to do when it happens.
 

VolcanoVapor

New Member
Have people completely forgot about exercising their 'common law' rights? You are still being a part of a corrupt system if you play their game without exercising common laws! I encourage people to watch the most informative video, in my opinion, since recorded history!

Youtube, /watch?v=bB5T-YZJt6Y

YouTube - Free Man on the Land, Part 3/3
 

Grandpappy Sr

New Member
Have people completely forgot about exercising their 'common law' rights? You are still being a part of a corrupt system if you play their game without exercising common laws! I encourage people to watch the most informative video, in my opinion, since recorded history!

Youtube, /watch?v=bB5T-YZJt6Y

YouTube - Free Man on the Land, Part 3/3

WOW, This should be authenticated for facts and then watched by EVERYBODY!!!:popcorn:
 

Smotpoke

New Member
I'm a former federal government employee (paygrade GS-12). In my time of service I have been privvy to much info not available to most citizens. the Federal Government is not your friend. It's only concern is to grow at the expense of those it was meant to protect. Many people like Glenn Beck scream for America to wake up however I feel it is already to late. The masses are content as long as their government handout arrives and they have an illusion of freedom.
I look on the brightside so when the socialeconomic collapse happens and the masses go off to the FEMA economic relocation camps I will have more space to live free and grow my weed.
Anyone who doubts what I have said should read up on the industrial benifits that would come with HEMP. Given the facts the only reason the industrial use of Hemp is not implemented is the powers that be would lose control over your daily lives. If your family/community could produce its own food,fuel,cloth and medicine then the Federal government would be reduced to providing for the common defense instead of social engineering.
 

wife

New Member
The one question that makes all the difference between felony and misdemeanor. Is a clone considered a plant? If I have 3 mothers and two clones is it considered 5 plants or just three since the two clones in fact nothing more than branches of the mothers>? It comes down to a grafting question and does this question mean a person should hold out for a trial or take a deal?

By legal definition, a plant is a plant if it has vegetative matter, stem, and root system. Not that they still won't charge you with anything they may find.
Although, in the court of law, that is the legal definition.

If you are ever in a situation where you find yourself in need of defense, have your lawyer have a qualified professional like a private investigator go to see the evidence and do an inventory of all things seized, and take pics. In some cases when taken into evidence, the police may dismantle the evidence, a good lawyer knows this can help immensely.

The point being, if the clones don't have a root system yet they do not qualify as a plant. Also, if you happen to have pots of dirt with a stem sticking out with no vegetative matter, it will not qualify as a plant. These are all things a good lawyer needs to explore, and will make a huge difference come trial time. It may even be the difference on whether you are looking at fed charges or not, depending on quantity. 50 or more actual plant with roots, stem and vegetative matter count as fed charges. There are under 50 plant laws that count as fed charges, but most states will keep it as state charges if it's under 50.
 

Paul Takakjia

New Member
If you are choosing a lawyer who can help you in representing your case, the first thing you need to lookout for is his experience. Whether it is a criminal lawyer or a family lawyer, he should be licensed. Criminal Lawyer Los Angeles provides you with well experienced and qualified lawyers who can easily represent your case.
 

Fredmahoney

New Member
If you are choosing a lawyer who can help you in representing your case, the first thing you need to lookout for is his experience. Whether it is a criminal lawyer or a family lawyer, he should be licensed. Criminal Lawyer Los Angeles provides you with well experienced and qualified lawyers who can easily represent your case.

Agreed , if a person is handling all the info and their responsibility for that particular case then for that you should have to look some experience lawyer, so that they can understand your case in a well mannered and can deliver you some good suggestions.
 
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