Help an Elderly lady

[anikas88]

Hey everyone, i need peoples advice on an issue, my friends mom got raided, she had about 6-7 ounces in various baggies and joints lying around the house, now they are charging her with multiple counts and said she was selling, she wasnt selling they were in multiple bags because they were diffrent strains, she does not a have a medical card although she only smokes because she was in accident and she medicates with cannabis. I have offered to get her a good lawyer but she is naive and thinks that the public defender is gonna take care of her, anyways i was wondering if anybody knew if she got her card now if the would drop her charges or if she would still face the same charges,

 

[FreezerBoy]

Getting a card after the arrest doesn't change the fact she was arrested for not having a card. It would, however, go some distance in telling the judge she wasn't imagining her condition. Given her age and small quatities, I can't imagine the fine being too stiff on a first offense. If she won't accept a good lawyer, tell her as sweetly as possible to STFU!

 

[FRANKENBLUNT420]

i really dont know, but i would think that someone in her position would be shown alot of mercy, and what/how would the judicial system benefit by puttin her in jail? to be an example to who?

the truth of the medical situation getting crazier by the day, unlike the economy, the pharmaceutical companies are going to have field day once she has a medical evaluation, but make sure the side effects are mentioned.

i say that to say, that she might have to go to court and have to deal with the system, but JESUS,a little old lady? i mean, once your past 60 who gives a shit, what you do, ya know? if you show the capacity to be able to hurt someone at that age then they are gonna throw the book at you for sure, but a lil old lady?? . .. . ..i dont see her going through too much drama, hell they may even give her the card after the medical evaluation

wish you all the best, and IMO i would get the lawyer for her anyway. we all know how the elderly can be, so you might as well go ahead and do it.

 

[TheGoodStuff]

Are you in a medical state? Get the card. It will, like FreezerBoy said, show that it's a real condition.

What's her condition?
edit; haha nevermind i read the post... too much

 

[pSi007]

no, it wont.

in many places in america, humans are forced into slavery and starvation. there is a war on the elder americans to lose their freedom and whom, are forced into slavery by losing their freedom, as well as, often losing their medical care and their retirement money.

age and health will not protect you from greedy americans who are protecting a so-called and bogus law.

 

[anikas88]

The DA told her public defender that he is not going take her age into consideration but she has had prior arrests in the 70s and early 80's for possession so i hope that doesnt go against her

 

[JJScorpio]

Have her go to the Doc and get her card. And get her the real lawyer.........

 

[HAPPYTREE]

Have her go to the Doc and get her card. And get her the real lawyer.........

I cocncur with jj. even if in med state.the way the economy is right now they are fine and arrest crazy. All the civil cervants see is dollars when a case like this is presented.

my 2 cents
HT

 

[FrankRizzo]

and what/how would the judicial system benefit by puttin her in jail? to be an example to who?

The private jails that make money off of people being in jail for one.

It helps make an example for all the other older elderly drug king pins....

I would say get the card. Even if it's after the fact I can't imagine it could hurt any more. Hopefully the DA pulls his/her head out of their ass and drops the charges. Good luck.

 

[jamaican fro]

Thats messed...
a little old lady. I agrree with you frankenblunt; once you reach a certain age it shouldn't really matter at all.... welll like it should anyway. this country is fucked up. preying on the elderly is what we have come too?

 

[Storm Crow]

Warm up your printer.....

Warm up your printer.....

Give this to her.....

Hi,

The kids call me "Granny" because I'm in my 60s, so you're not talking to some kid here. I'm a medical user, like you- I have migraines due to head trauma as a child. First off, sorry you got busted. Now we have got to get things back to normal for you- or at least as close as possible.

You need to accept the help that is being offered. A public defender is a joke! He will say "plead out to these great lesser charges that I got you"- his only job is to get you in and out as fast as possible with NO regard to the rest of your life. Here's a news flash- he and the DA drink martinis together every night after work! Total set up! The game is to charge you with the max, drop it down, get the sucker to take the "great deal", collect the pay with zero work and everyone goes away happy- except YOU!

You will end up with a record, possible jail or prison time, probation and piss tests for a couple of years. And they will have convinced you that you "got off lightly"! GET A REAL LAWYER! We are talking about the rest of your life!

GET YOUR CARD! You need a copy of your medical records to make it go as smoothly and quickly as possible. And what were you thinking, girl? This is mess going to cost you far more than the recommendation would have! But you have been "hitting yourself over the head" enough, so now it's time to sit down and figure out what to do. Getting the rec may influence the judge, but it depends on the judge. It won't hurt, so do it!

I know it's too late, but don't talk to anyone in law enforcement, the DA's office, etc without that REAL lawyer present! From the post, I gather you had less than half a pound, which is under the maximum amount that a medical user is allowed. When you have your rec, that may be a point in your favor.

Your doctors may end up as your allies. Do they know about your cannabis use? Have you mentioned it to them? Any old X-rays, medical records lying around? Medical necessity is a valid defense in some states. And if you or your lawyer need medical studies about cannabis and pain relief, I have collected quite a few in these posts on a nice little Canadian MMJ site.

http://www.treatingyourself.com/vbulletin/showthread.php?t=23136

http://www.treatingyourself.com/vbulletin/showthread.php?t=25554


Get friends, relatives and employers to write character references- they never hurt. Raise hell! Talk to the local newspaper/TV! You were arrested for using a (state) legal herbal medicine for a real condition! You can treat yourself with ANY herb- except one- without any permission from your doctor. Nice "human interest" story. Let everyone know what is going on! Get a couple of friends to write a letter to the editor.

You might think about joining a MMJ board for some advice. International Cannagraphic, Treating Yourself, and Cannabis.com are all good boards. Nothing like asking those who have been through similar difficulties! You don't need to go through this alone. We are here.

Hope to hear from you soon,

Granny

 

[Verite]

Tell granny that public defenders are legal necessary cogs in the wheel of justice. They arent there so much to serve you as they are there to make sure the wheel of justice keeps spining fast to process everyone quickly because its so backed up to begin with.

A public defender that slows down that wheel in the better interest of their 'client' will soon be out of a job. Do they care about getting the evidence tossed on a bad warrant? No. Do they advise going to trial because a jury isnt going to convict a pot smoking granny? No.

They tell you to cop a plea bargain regardless of the flimsey evidence. Then tell you how hard the judge and DA are against pot and you wont win a jury case.. yada yada the plea is in 'your best ineterest'. Every PD is an exact copy of the rest.

 

[SomeGuy]

Anyone here ever actually hear of a public defender actually taking a case to trial? Maybe just me but everyone I know, or have heard of, that had to use one ended up in a plea bargain and guilty plea.

 

[del...]

i totally agree...get the card ASAP! i take it you're in a meduse state so there also should be a "medical necessity" defense...iow, even tho a person is not legally registered s/he is still covered under the state law. some states that have yet to legalize meduse also allow judges to take that under consideration. and because of her previous arrests she really needs a good lawyer right now...like all here seem to say too!

good luck

 

[Bababooey]

Actually, most criminal cases end up in a plea bargain, whether you have a private lawyer or not. Why? Because if the prosecutors have enough evidence, and the police didn't make any shortcuts in their investigation, it doesn't matter if you have the best private lawyer in your area, you're still going down after a trial.
My friend had a private lawyer who did diddly squat for him. We even gave him case law that proved the prosecutors overcharged him, the bastard still just plead my friend out. $1500 ill spent when a public offender could have just done the same.
Just because you spend a thousand or more on a private lawyer doesn't necessarily mean your outcome will be any better. Maybe if you're a celebrity the odds are in your favor but there's plenty of people rotting away in prisons right now who had the best legal representation money could buy ...

 

[SomeGuy]

Actually, most criminal cases end up in a plea bargain, whether you have a private lawyer or not. Why? Because if the prosecutors have enough evidence, and the police didn't make any shortcuts in their investigation, it doesn't matter if you have the best private lawyer in your area, you're still going down after a trial.
My friend had a private lawyer who did diddly squat for him. We even gave him case law that proved the prosecutors overcharged him, the bastard still just plead my friend out. $1500 ill spent when a public offender could have just done the same.
Just because you spend a thousand or more on a private lawyer doesn't necessarily mean your outcome will be any better. Maybe if you're a celebrity the odds are in your favor but there's plenty of people rotting away in prisons right now who had the best legal representation money could buy ...

You pay your lawyer to represent you. If you don't like the deal he's offering then tell him to go get another deal or you get another lawyer. I've been in that situation before and had a lawyer come back with 10 years probation, a 10k fine and forfeit my cash and vehicle.
I flat told him that was UNACCEPTABLE and to get something better. He ended up filing 10 or more motions over the coming months which resulted in me having to be in court 10 or more times till the judge just got sick of seeing us and told the prosecutor to get rid of us as we were costing the county too much money. Of course it cost me a lot more money but. ..
I ended up with 3 years unsupervised probation, a $1000 fine and no forfeiture of any property though that was due to the fact that they made a mistake with the civil case.

Point being is, your lawyer works for you, not them. The only reason his lawyer was able to plead it out is because your friend let him. If your friend felt that he could beat it, then the lawyer was obligated to take it to trial as he cannot force a client to accept a plea.
Sometimes you have to trust your lawyer and sometimes you have to prod em to get a better deal, but the choice is ultimately up to you.

 

[dontstepongrass]

fyi just because your lawyer has an idea in their head you don't have to go along with it. you can change lawyers a couple times before the judge gets irked. another thing, $1500 for retainer probably buys you a horrible lawyer. quality representation costs mucho $$$ (think tens of thousands once all is said and done for the BEST representation for a major case) in the end isn't your freedom worth it tho?

and my experience with public pretenders is like what granny and verite said. they just sit you down and tell you to take the state's offer. i laughed and fired them on the spot. told them i had more respect for myself and accused them of being part of the pot smearing campaign. haha

p.s. changing lawyers is also a great way to delay court proceedings. that's why a judge will usually limit you to 2 or 3 changes. every time you change representation it wastes 2 courts dates. meaning you show up to tell judge you are getting rid of lawyer then another date for you to present the judge with your new representation.

 

[stoned40yrs]

Actually, most criminal cases end up in a plea bargain, whether you have a private lawyer or not. Why? Because if the prosecutors have enough evidence, and the police didn't make any shortcuts in their investigation, it doesn't matter if you have the best private lawyer in your area, you're still going down after a trial.
My friend had a private lawyer who did diddly squat for him. We even gave him case law that proved the prosecutors overcharged him, the bastard still just plead my friend out. $1500 ill spent when a public offender could have just done the same.
Just because you spend a thousand or more on a private lawyer doesn't necessarily mean your outcome will be any better. Maybe if you're a celebrity the odds are in your favor but there's plenty of people rotting away in prisons right now who had the best legal representation money could buy ...

funny shit. your buddy spent a whole $1500 on a top notch lawyer eh. no wonder he got fucked you go ahead and team up with a PD or some lawyer that charges a "thousand or more", I'll take my chances with a higher priced attorney, perferably an ex DA with friends and favors to collect. Some attorney with a rep for getting the job done for his clients. You don't buy those guys for $1500 or a "thousand or more".

 

[Bababooey]

Well, my friend was charged with a driving violation and misdemeanor possession. He wasn't charged with a felony drug count. 1500 was actually a decent amount for the case he had. Of course you should spend more than 1500 if you're charged with felony cultivation/possession with intent.
The amount you should spend should go up with the seriousness of the case: murder 20-50K, serious cultivation/possession felonies 10-20k or more. But my friend's case was about the same level of complexity as a DUI, and 1500, in the town he was in, at the time (5 years ago) was solidly within the expected range.
If he had spent 500-1k more, would he have necessarily gotten better representation? There's no guarantee of that. He SHOULD have gotten good representation for what he paid. And actually the charge was reduced in severity when he did plea, so the lawyer did do something. We just felt that the case law was such he could have won it outright. Maybe we're splitting hairs here, but we felt he should have at least USED what we gave him. But because he's the lawyer and we're not, he assumed we had no idea what we were talking about.
All I'm saying is that, just because you hire a private lawyer, doesn't mean that they're going to be these whiz bang legal eagles who will win the case for you in dramatic fashion at trial. This ain't the movies.
And I still maintain that, if the police and prosecutors do their job properly and have a solid case against you, you could have Johnnie Cochran Jr. for your lawyer and you're still going down. Martha Stewart probably spent half a mill or more on her defense team and the bee-yotch still got a year in the federal pen. All them Enron and Worldcom dudes spent millions and millions on the very best legal talent and they're rotting away in prison alongside poor folks represented by public offenders.
I'm not saying you shouldn't hire the best legal talent you can if you can afford it. I'm just saying that if you think you can plunk down x number of dollars and expect to walk away singing like a bird, think again. It really all comes down to what you did and what evidence they have that you did it (and if they violated your rights when they gathered the evidence). If you grew 500 plants and sold 50lbs of weed, and they have confidential informants and taped conversations and wiretaps and FLIR and electricity records and financial records and properly executed search warrants, then sorry to say you're most likely going down. Maybe a good lawyer can shave some time off but that's it, at least with the feds cause of their sentencing guidelines.

 

[dontstepongrass]

If he had spent 500-1k more, would he have necessarily gotten better representation?

i agree chances are no, but is anything certain?

He SHOULD have gotten good representation for what he paid. And actually the charge was reduced in severity when he did plea, so the lawyer did do something.

oh boy... are u listening? any lawyer worth his salt will demand at least a $8-10k retainer, and that JUST TO LOOK AT YOUR CASE. if you want a lawyer to think about it as hard as your buddy was thinking about it then guess what? the lawyer will be requiring more money. do you see a pattern emerging here? legal system = all about money. do you have enough? a wise move would be to stash upwards of $15-20k for your defense fund. and that's a bare minimum type deal. you take something to trial watch that $20k dry up real quick...

also, just because the lawyer did almost nothing don't give him credit. an amended charge plea agreement is achievable even representing yourself. chances are, if they are offering you an amended charge OFF THE BAT that means that perhaps they don't want to HAVE TO provide any burden of proof. possibly because of flimsy evidence. all this talk from you about "thinking you could beat it flat out" supports this theory.

All I'm saying is that, just because you hire a private lawyer, doesn't mean that they're going to be these whiz bang legal eagles who will win the case for you in dramatic fashion at trial. This ain't the movies.

CORRECT! but you are missing the point. HIRE THE RIGHT LAWYER and have the right situation and THE RIGHT AMOUNT OF MONEY and you can come out unscathed. this ain't like the movies cuz in the movies half the time these lawyers are doing it probono so it adds a plot point. in real life money greases the wheels of justice.

I'm just saying that if you think you can plunk down x number of dollars and expect to walk away singing like a bird, think again.

the nice thing about having money for RESPECTABLE legal team is that you aren't put in a position to have to (or so the cops would have you believe that you have to, you in fact NEVER have to) sing like a bird. that's another term for snitch.

anyways, x amount of dollars? no. x amount of dollars is required but its not all. connections. do you have them? that and money are what make the world go round. often hand in hand. think about this. RESPECTABLE legal representation consisting of RESPECTED lawyers that perhaps have a few favors to call in. strings are pulled all the time behind the scenes. you think the courts actually CARE about your SPECIFIC case? you are just a number on the assembly line for them. ain't money and power a bitch?

i suppose i went on some horrible tangent here, but the point i like to show is this: the legal system is fucked. it is one big club and if you don't have the wealth and connections to get an "in" you will get bent over and railed.

please people, stay on top of your shit and never get in over your head and it would HELP to avoid these situations.