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am I going to jail? (NYC) ex-wife's friend ratted me out

UptownHaze

New member
my wife and i were not on good terms for the past few years. problem was she knew i grew and it didnt bother her, but I never brought up divorce and kept our fights to a minimum due to paranoia she would rat me out during one of her rages.

long story short, we got divorced a few months back and i moved to a new house in the same neighborhood (brooklyn) and began growing again. apparently she told one of her friends and her friend maybe because she blamed me for the divorce ratted me out..

regardless, came home one day to see 3 cop cars near my house. door broken down (they had a warrant), nosy ass neighbors all standing nearby. before pulling up to the house I erased all messages/calls on my phone just in case (I dont deal though.)

cops asked my name and then in the back of the car i went. they pulled all my plants out (8 mature plants in 5 gallon buckets and 5-6 rooted clones in peat pellets), a 600w and all my nutes as evidence.

no plant was flowering, all in veg, and had about 3oz cured weed in 1 jar.

I also had a scale but i was not selling. scale was used to weigh out nutes.. i use dry nutes, and also to weigh out creatine/protein etc. hoping my lawyer can convince them of this..?

HERES THE PROBLEM

according to my lawyer NY has no cultivation laws - they basically weigh the entire plants, prob with roots and all, and count that as possession. now as u can imagine, 8x 5 gallon buckets will weigh a lot. im being charged w/ felony possession w/ intent to distribute. not sure how 8-14 plants counts as distribution esp w/o any evidence that i sold..

i have no priors except for a pending misdemeanor charge for smoking in public. got an ACD which means if i stayed out of trouble for a year it would have gotten dismissed but now they can bring that case to trial if they wish.. but other than that a clean record


i heard ny is pretty lenient but im terrified because of the weight based system. where can i find case studies or info? my lawyer said he can most likely reduce the weight significantly and jail is unlikely but WHAT exactly am i looking at? anyone have experience in nyc?
 

dtfsux

Member
I have no experience in NYC but I doubt you are going to get any time.

Your lawyer is a paid lawyer?

Be aware this is going to drag out. And let the lawyer do his job. He should get the affidavit for the warrant, that is basically what gave them cause. There seems to be some dispute if the word of some snitch is enough.

Relax, let it play out. Its less than 15 plants
 
I

IE2KS_KUSH

How did they get the warrant, that's what I want to know? I wouldn't think the word of your ex-wifes friend is enough, there had to be something more to it.
Lady,
"Ya my girl's ex husband grows weed and lives there."
Cop,
"Thanks I am going to get a warrant, because your word alone as a pal of this guys x will be really objective and reliable, enough on it's own to get a warrant."

Good luck, but keep it in the back of your mind, there may have been something else in combination w/ the snitch. Almost had to be I would think but maybe I am wrong.
 
C

cyber echo

Sadly these days, you can get a swat team + a flash bang to the face solely on an anonymous tip from an "informant".
 
I

IE2KS_KUSH

I understand "you could", but you could get all kinds of fuckin' cowboys doing whatever, would that hold up in court? A warrant issued just based on the word of a snitch? I had always heard that legally you would need more than that to obtain a warrant, again, I understand that it does happen, but again, would that hold up in court? Am I just talking out my ass here, sorry if I am.
 

Strainhunter

Tropical Outcast
Veteran
Man you wrote you have a lawyer...why don't you ask him to get a definitive answer instead of just guestimates from us!?
 

OldPork

Member
Yeah I hear you about lousy lawyers, my bro got nailed for DUI for the second time, paid his lawyer thousands, all for what? When they led him off to jail shackled, the fuckin lawyer called out "If they put you in with the bad guys...call me!!!"
 

UptownHaze

New member
I'm not sure how they got the warrant exactly yet. I said nothing to the cops and waiting for the lawyer to get a "discovery" or whatever

im mainly looking for what happened in other similar cases to mine..

lawyer is a public defender.. im looking for a good lawyer i can afford. any recommendations in my area?
 

igrowone

Well-known member
Veteran
sorry for your grief, i'm in ny but not in nyc
i'm not a lawyer, but according to the NORML site, ny does distinguish between possession and cultivation
at least for smaller amounts, maybe for the larger amounts it's the same
jail time seems unlikely, this is a pretty small personal grow, depends if they want to use the scale against you as intent to sell
the cases i'm aware of in other parts of ny got plead way down for this size grow
i think it's more of what probation deal you will get
this will be the hard part of being prepared to play some chicken on the full jury trial, the DA will likely not want to do that
but that's got to be your judgement, educate yourself to the max on charges/outcomes in your jurisdiction
 

BIGGS

**********
Veteran
sorry to hear your bad news mate. thats fucked up if they weigh the pots a soil and count that as weight of weed. are you sure thats right? hope it goes well for you.
 

igrowone

Well-known member
Veteran
sorry to hear your bad news mate. thats fucked up if they weigh the pots a soil and count that as weight of weed. are you sure thats right? hope it goes well for you.

from what i've seen, they do this initially to get the max shock value
'look how much weight this scumbag was growing in out neighborhood'
but it doesn't stay that way, it will be reduced to a more realistic weight during the court process
this is how they break you to plead to whatever deal they want to give you
 

ChilledChap

New member
Hell man, they sound REALLY harsh over there, Im in the UK and Ive looked into the law quite a bit and it isnt half as heavy as that, wow, good luck mate, I'll keep an eye on this thread with interest to see how it goes.. Hopefully good for your sake!
 
G

good drown

i imagine a good lawyer will cost you over 10k in nyc, maybe 20k
 

dtfsux

Member
I'm not sure how they got the warrant exactly yet. I said nothing to the cops and waiting for the lawyer to get a "discovery" or whatever

im mainly looking for what happened in other similar cases to mine..

lawyer is a public defender.. im looking for a good lawyer i can afford. any recommendations in my area?

Go on the NORML site to start with, they usually have some attorneys. I know it sucks but ask people at church, work etc.

Go talk to as many as you can.

YOu need a PRIVATE ATTORNEY, PD's are not going to fight for you
 

UptownHaze

New member
i imagine a good lawyer will cost you over 10k in nyc, maybe 20k

10k would be a bargain. I was looking for a lawyer for my arraignment for the smoking in public charge. some said $1k for the arraignment and if it goes to trial, $5k... ridiculous!! this was NO possession, just smoking in public caught w/ half a joint. so for cult i imagine 20k for a lawyer would be the absolute minimum
 

UptownHaze

New member
lawyer was telling me earlier about "judicial diversion" If I stay out of trouble for 2 years and attend drug treatment/court and other BS, the case may get dropped. this is not something the DA has to accept tho
 

goody420

Member
I'm not sure how they got the warrant exactly yet. I said nothing to the cops and waiting for the lawyer to get a "discovery" or whatever

im mainly looking for what happened in other similar cases to mine..

lawyer is a public defender.. im looking for a good lawyer i can afford. any recommendations in my area?

If you have the money to spend, go here and look in your area

www.superlawyers.com
 
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