The Feds are charging me with 100 plus plants. The state boys came in and got nothing all plants had been chopped, cept for 10 moms...however the Feds picked up the case saying they had 100 plants. All they got were old roots and stalks. 112 to be exact. Also around a lb of dried herb and lots of hunting guns. State is charging me with manufacture of less than 10lbs and simultaneous possession of firearms at least until the dea hands down the inditement. My research tells me that plants are defined as having leaves and roots..can they really charge me with 100 plus rootballs? My lawyer says we have to wait and see what they really have on me... It's still early in the case.
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Being charged with rootballs and stalks
- Thread starter Hemmed up
- Start date
secondchance
New member
sorry to hear.
Best of luck
Best of luck
David762
Member
That's seriously FUBAR, Hemmed_Up.
That's seriously FUBAR, Hemmed_Up.
It doesn't really matter which State you are in -- it's all about the Federal DA building a reputation, asset forfeiture laws, or for you to roll over on someone you know as a CI. Do you own a nice home, or vehicle, or have a fat bank account? Every jurisdiction is hurting for money, and the Feds have far wider latitude on the disposal of your assets than many States permit.
I agree that the plant count seems far off the mark for the Feds, more of a State (like Ohio) definition -- something to induce you to plead down to lesser charges, imho. It sounds like a double jeopardy whammy to me, with both Fed & State charges (did you piss someone off?). I hope you have the money for your own really good lawyer, rather than a court-appointed one -- the quality of your public defender is a matter of chance.
Best of luck, keep the faith, and don't post too many details on-line, at least until you know the bottom line score.
That's seriously FUBAR, Hemmed_Up.
It doesn't really matter which State you are in -- it's all about the Federal DA building a reputation, asset forfeiture laws, or for you to roll over on someone you know as a CI. Do you own a nice home, or vehicle, or have a fat bank account? Every jurisdiction is hurting for money, and the Feds have far wider latitude on the disposal of your assets than many States permit.
I agree that the plant count seems far off the mark for the Feds, more of a State (like Ohio) definition -- something to induce you to plead down to lesser charges, imho. It sounds like a double jeopardy whammy to me, with both Fed & State charges (did you piss someone off?). I hope you have the money for your own really good lawyer, rather than a court-appointed one -- the quality of your public defender is a matter of chance.
Best of luck, keep the faith, and don't post too many details on-line, at least until you know the bottom line score.
Must be the money then. They took our cars and 4 wheeler and all our computers. They are doing forensics on our pcs... No telling where this is going really... Thanks fornthe replies.
Chester
Member
I do hope there were no leaves attached to any of those stalks??
If so, hold-out for that jury trial. To prove their case (100+ mj plants) they'll have to have at least 100 of those stems and rootballs tested to prove that they are indeed MJ stems. I'm not sure what that would cost, but I'll bet it ain't chicken feed. (Though the way corn is going....)
Remember, the plea agreement is making you plead guilty to something. And there is NO appeal to a plea agreement conviction as you have admitted guilt. A jury trial conviction can be appealed.
The stuff they've already taken is just gone. Generally sold to the law-enforcement thugs really cheap.
And yeah, they are desperate for cash. The local road-side tax collectors have started going for that old stand-by, the "rolling stop". Since you almost cannot defend against that one. (your word vs tax collector and courts need money too)
Good luck.
If so, hold-out for that jury trial. To prove their case (100+ mj plants) they'll have to have at least 100 of those stems and rootballs tested to prove that they are indeed MJ stems. I'm not sure what that would cost, but I'll bet it ain't chicken feed. (Though the way corn is going....)
Remember, the plea agreement is making you plead guilty to something. And there is NO appeal to a plea agreement conviction as you have admitted guilt. A jury trial conviction can be appealed.
The stuff they've already taken is just gone. Generally sold to the law-enforcement thugs really cheap.
And yeah, they are desperate for cash. The local road-side tax collectors have started going for that old stand-by, the "rolling stop". Since you almost cannot defend against that one. (your word vs tax collector and courts need money too)
Good luck.
Nadicus_Maximus
Member
Sadly things aren't on your side. The federal prosecutors successfully convict better than 95% of the defendants in cases that go to trial. That firearms charge is the one you want to avoid, you may want to consider a plea agreement.
igrowkushbitch
Active member
sorry to hear that best of luck
exactly why i moved all my hunting rifles to a seperate location that has zero weed on premises. scary how they took your computers too....
Flower Felon
New member
I have to disagree with you on the testing part. The police chemist will take a sample and test it. Exactly the same they would do if they found several bales of buds. That's all they will do, period! The chemist will testify, if need be, that based on his scientific training and experience, the results of the postive test are indicative that all of the remaining roots, stalks, etc. are from cannabis plants.
If you choose to hire your own chemist, be prepared to pay out approximately $7,500 to possibly refute the police findings. Your own chemist will not be able to say with certainty that the roots are not cannabis unless all the balls/stalks are tested. That will be more expensive for you than the police.
In many states roots are viewed no differently than packaged buds. In fact, plant matter can sometimes get you in more trouble than the buds will.
Unfortunately, this is correct. If you plead guilty to any charge, part of the agreement will be forfeiting all of the items taken. Even if you beat the charges in criminal court, they will claim civil forfeiture which will mean you will have to hire another attorney and prove that every item you want returned was purchased legitimately. It will be your burden to prove in civil court, not the state/feds.
Sorry to hear that you got popped. Don't let them control your mind by pushing you out of the game. Stay strong and hire the best attorney that you cannot afford! A top notch lawyer will get you off on a technicality or broker the best deal for you. Remember this, if found guilty you will either pay with either your time or money. IMO, it is best to pay up and stay out than keep the cash and lose your time.
Remember that you are the good guy here. Best of luck to you.
FF
designer
Member
The Feds are all about plant numbers. He has over 100 rootballs of cannabis. That would be evidence with leaves or not, with containers or not, as long as they can distinguish that a plant existed. If they impounded his computer they will find more evidence in pictures or tales if he is like everyone else here and showed his grow online. Even if he just took photos and deleted them, those kinds of files are easily recovered. It is sad news. You need to prepare yourself for the worst. Federal cases are the worst kind.
fredcdobbs
Member
so it boils down to rootballs and not stalks or leaves?
i dont know where you are but MI law clearly says that you cannot be charged for root balls or stems.... feds may be something totally different though....
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designer
Member
It boils down to the feds being able to prove that a crime has been committed. Root balls are evidence of the existence of a once living cannabis plant. The feds do not have rules that determine what is a legal plant or not. They go after people that have 100 cuttings that they are trying to root. One can argue that you have a lot of cuttings to insure your legal numbers, but I have not read a conclusion on those cases (still pending). With root balls they can determine the maturity of the plant at death. It would be good evidence for the prosecution. I am not trying to be an asshole, I am a realist. People make sure you get those things away from you as soon as possible. Law is not a game when they lock you up for years and take every thing you and your children own.
DasFox
Member
GREAT answer...TRUE...
Feds throw you into FED courts...like 95% conviction rate...SO ROLLOVER or pay the PRICE...MONEY makes it a little no better since if they GET your money...
THEN they have a VICTORY and need less from you...
THANKS
DasFox
Member
WRONG...FEDS throw you into THEIR system and have thousands of laws to throw at you to ASSURE conviction...DON'T LIE to poster...
NOTHING good comes from that, goddammit...
THANKS
DasFox
Member
DiscoBisquit, wtf is THAT all about...?
Windows keeps RECORDS of all what you do REGARDLESS of what you said...so DOES ISP...
THANKS
