MJ felony cultivation charge changed?

[cannabal13]

Hi all, in 1991 I was arrested and pled guilty to one count of cultivation, a felony, 29 plants in California, and got 3 years unsupervised probation, completed.

I was thinking of petitioning the courts here in calif to get the felony charge changed or dropped. I have a cannabis medical recommendation and have had for 10 years and have never commited a real crime other than the cultivation.

A law firm wanted $600 to do the paperwork. Does anyone have any knowledge of where I should start the process and do the paperwork myself? Or of a link to get help?

Anyone have a similar situation? I figure it may be easy after 20 years. thanks in advance, cannabal.

 

[DiscoBiscuit]

Sorry I don't have a similar situation. But I would consider getting two additional estimates for comparison.

Just because a lawyer files your application is not necessarily an indicator of success. Rather than start looking for information to file your own application, I'd suggest finding out if others in your predicament succeed or fail. You might find that a lawyer will file your application with little to no chance of approval.

Lawyers have a tendency to hold hard realities close to the vest until they're paid. But should you happen to find a lawyer that shows you statistics of approvals vs denials, you may get a better picture. That's no suggestion the respective lawyer is a good one.

If you don't like what you're hearing from potential lawyers, you could inquire whether they recommend someone who specializes in your situation. It's kind of a hand-shake between lawyers... lawyer x refers to lawyer y and lawyer y owes lawyer x that favor when the situation appropriates. That's no guarantee that every lawyer will cooperate but it is common.

Hope you find the info and the opportunity you're seeking.

 

[whateverman]

I don't know, but I just wanted to say I'm sorry that we couldn't get it done sooner; I know what it's like to have a felony for a non-violent crime.

Stay positive. Best of luck.

 

[Midnight]

http://www.courtinfo.ca.gov/forms/documents/cr180.pdf

 

[cannabal13]

thanks for the form. with a little research into the right answers, I feel my chances are good..and I don't get the rest of your message. cbl

 

[Midnight]

thanks for the form. with a little research into the right answers, I feel my chances are good..and I don't get the rest of your message. cbl

You're welcome. There is no "rest of the message". What you are looking at is my signature. All the best in getting your conviction expunged.

 

[Rysam]

Im currently under appeal with the state of Nevada for a full pardon from a big F in 1991 too. They require a "Community Case" application to be filed and then they background check you then review your case in front of the Board Of Pardons.

Its free to file, lawyers arent needed.

I know cali is different, just giving the process for NV, it may be similar.

Be patient, Pardon boards arent every day. mines been waiting for nearly a year.

 

[Desiderata]

I never knew it was possible, to be pardoned of a felony, except by the President or a Governor. That is very interesting. Thanks guys.

 

[RetroGrow]

Wondering if there is anything like this for Federal convictions?

 

[DiscoBiscuit]

Wondering if there is anything like this for Federal convictions?

rules governing petition for executive clemency

http://www.justice.gov/pardon/clemency.htm

 

[RetroGrow]

"You must spread some Reputation around before giving it to DiscoBiscuit again."

I don't know why that popped up.
Anyway thanks for the info.
Executive clemency sounds a bit far fetched in my case. One of my co-conspirators was pardoned by President Clinton, but they were best friends, and he had so much on Clinton (ie, his heavy drug use, not talking cannabis) that he had to be pardoned in exchange for his silence.
Seriously doubt they would pardon me.
Just would like to get that conviction (25 years ago) off my record, as it makes it difficult to get a decent job. Our recent presidents are such hypocrites. Drug users all, yet they don't mind seeing us get locked up for the same indiscretions.

 

[DiscoBiscuit]

"You must spread some Reputation around before giving it to DiscoBiscuit again."

I don't know why that popped up.
Anyway thanks for the info.

You're welcome. I get it. And I laughed. It was funny. Best wishes with the petition.

I would hope you have another avenue than presidential clemency. Maybe you could get some dirt on Obama. just kidding, I know this is serious. best regards

 

[RetroGrow]

Hmmm...I have dirt on Clinton for sure.....maybe I could persuade Hillary to intercede on my behalf....
Slick Willie never would have made president if this info went public.
I'm guessing there's another way to get a Federal criminal record expunged. I'll have to look into it.
My buddy did it on a state charge without a lawyer.
Just filed requisite forms and it worked.

 

[AGBeer]

Ironically, I was going to jokingly post a picture of Nobama in seeing that he pardoned a drug smuggler from over 35 years ago.

Call me crazy, but EVERY link I tried in regards to that story had all been removed. (At least on google)

 

[AmeriSkunk]

Dude i know because i am in that boat, you are or should be looking at alot more than $600, what you need to do is talk to the best lawyer in your area, he will tell you exactly what you can and cant do and if he himself can get it done. without legal representation you are looked at as dissrespecting the court if you try anything like this and will not get anything done you will just lose all the money you invested.

After you talk to the lawyer, he will tell you how much he can get your felonies dropped for... The reason i say you should be looking at far more than $600 is because i myself are wanting to do the same exact thing. My variables are slightly different, i only got caught with 6 plants(transporting to the new grow house), and i am in Oklahoma. My lawyer is a former District Attorney, he runs expensive, but he will make everything go away and believe me, i mean everything. except maybe violent crimes where someone was injured. Anyway my point is, my quote was $20k for two felonies, one is sec and sub possession, the other is cultivation. I know i am in oklahoma, but the california courts i would think would be quite busy because of the population alone, thats why i dont think it would matter much if it was in Ok or Ca as far as diffaculty to do this. And i have no experience with anything except how the law works as far as you being a mmj patient, but i would think that what you stated would at least up the likelyhood of you getting the charges either reduced or all the way dropped from your record

 

[Rysam]

http://www.pardons.nv.gov/communitycaseap3_04.pdf


Any person who has committed a crime under the laws of the State of Nevada and is no longer serving the sentence imposed
may apply to the Pardons Board for consideration to receive a Pardon and/or the restoration of their civil rights. There is
no right afforded to any person of being granted a hearing or to receive any favorable action by the Pardons Board. The
Pardons Board in Nevada consists of the Governor, the Attorney General and the Justices of the Supreme Court.
Offenders who have completed their sentence may apply for a pardon through the Executive Secretary of the Pardons Board.
Applications by parolees who desire a commutation of sentence will be rejected. NRS 176.033 provides the avenue for
parolees to request an early termination from parole. The power to grant a pardon or restore the rights of an offender does
not extend to crimes committed under federal law or the laws of any other state.
An application for a pardon will generally not be considered unless a significant period of time has passed since the
applicant’s final discharge under the sentence. During this period, the applicant is expected to demonstrate complete and total
rehabilitation.
Legal effects of a Pardon in Nevada
One of the primary misconceptions about pardons in Nevada is that a pardon is the only manner by which one may have one’s
rights restored. In some states a pardon is the only manner by which a convicted felon may have his or her civil rights
restored. However, in Nevada, some rights are restored upon the completion of a sentence or period of parole or probation
(see NRS 176A.850, 213.155 & 213.157).
Another misconception is that a pardon erases the conviction from the record. A pardon does not eliminate or erase the
conviction. The records of conviction continue to exist in both court and law enforcement files.
The Right to Own and Possess Firearms
Convicted felons are prohibited from having firearms pursuant to NRS 202.360. The Pardons Board is the only body that
can restore this right.
Effect of a Pardon on Occupational Licenses
With regard to occupational licensing, where a statute limits rights based on the underlying conduct and not the pardoned
offense itself, a pardon would not remove or erase the disability of past conduct. If there is a requirement that the license
applicant has not been convicted of a felony, the pardon would permit licensing. However, if the licensing standard is good
moral character, the pardon does not erase the moral guilt associated with the commission of a criminal offense and the fact
giving rise to that conviction may be considered in determining whether that person is of "good moral character."
Community Case Application
February 2004
Page 2
What a Pardon does:
• An unconditional pardon removes all disabilities resulting from conviction thereof.
• A Pardon forgives but does not forget.
• A Pardon is the only instrument available to restore one’s right to bear arms in Nevada.
A Pardon Does NOT:
• A Pardon does not overturn a judgment of conviction.
• A Pardon does not erase or obliterate the fact that one was once convicted of a crime.
• A Pardon does not substitute a good reputation for one that is bad.
• A Pardon does not relieve a convicted sex offender of the requirement to register as such.
• A Pardon does not attest to rehabilitation of a person.
• A Pardon does not remove any disabilities resulting from separate convictions that are not specified on the instrument
of Pardon (ie, being pardoned on one offense but not another would not remove disabilities from the offense not
pardoned).
• The Nevada Pardons Board does not have the authority to restore any rights lost as a result of a conviction in a
jurisdiction outside of Nevada.
Attached to this letter is a Pardons Board application. Please fill out the application and three waivers (all of which need to
be notarized) and returned.


I know this is still NV, But it is encouraging. NV are tight-asses about convicts. Ca.may be easier.

from Ameriskunks post up dere, avoid OK. like the plague.

 

[AGBeer]

Dude i know because i am in that boat, you are or should be looking at alot more than $600, what you need to do is talk to the best lawyer in your area, he will tell you exactly what you can and cant do and if he himself can get it done. without legal representation you are looked at as dissrespecting the court if you try anything like this and will not get anything done you will just lose all the money you invested.

After you talk to the lawyer, he will tell you how much he can get your felonies dropped for... The reason i say you should be looking at far more than $600 is because i myself are wanting to do the same exact thing. My variables are slightly different, i only got caught with 6 plants(transporting to the new grow house), and i am in Oklahoma. My lawyer is a former District Attorney, he runs expensive, but he will make everything go away and believe me, i mean everything. except maybe violent crimes where someone was injured. Anyway my point is, my quote was $20k for two felonies, one is sec and sub possession, the other is cultivation. I know i am in oklahoma, but the california courts i would think would be quite busy because of the population alone, thats why i dont think it would matter much if it was in Ok or Ca as far as diffaculty to do this. And i have no experience with anything except how the law works as far as you being a mmj patient, but i would think that what you stated would at least up the likelyhood of you getting the charges either reduced or all the way dropped from your record

And we wonder why cannabis is still illegal... This same lawyer will be the next senator or otherwise law maker of sorts that will help determine the fates of others based on the laws that he will be entrusted to craft.

No fucking wonder cannabis is still illegal.

(Note, this was in no way shape or form a slam on you bro. You just happen to be a victim of this disgusting machine. I am sorry for you)

 

[AmeriSkunk]

yeah it is a shame man, i also want to add that where i live is very corrupt, i know some people who have seen a video tape of the judge in charge of my court cases buying a kilo of fish scal cocaine. The dealers recorded it because they dont trust him, if they ever get busted they have leverage. I have also seen pot in lawyers houses here, saw a used bong in one, a joint roach in another. The line of work i am in sometimes brings my crew inside some very expensive houses, some of which are lawyers and judges.

While initially i was sort of angered by what you wrote because i thought so highly of this lawyer but you honestly made me see what he is. Crooked sorry bastard, but if i ever get in trouble again you can bet your ass hes getting the call. He put charges on me when i was 18, he was lax though, just one year prob on paper, not even supervised, i never even had to show up to court. His house was where i seen the bong at.

I do see what you are saying about shit like this causing a machine effect, its all payoffs and bribes anyway and everyone knows it. the lawyers in my area will not eve accept cases in a different county... if that doesnt say something to you idk what will...

Now at the same time, i am happy that these people like to get high, but really when i think about it these mother fuckers dont even deserve to be sold schwagg for $100 a gram, more like $1000 a gram. What do they do for us? arrest us and our friends and family for weed... if you get caught up in something else that is on you but pot is harmless and everyone knows it.

This is a day to day play on my judges life, i assume... Wakes up, drinks a $ cup of home brewed civit cat shit coffee, goes to eat a $15 breakfast, drives his brand new all black Caddillac, probably snorts a line or two here and there, probably one in the bathroom before the hearings start. then this cocksucker goes and makes life altering decisions for everyone else while he is goofed out on cocaine. that honestly pisses me the fuck off, that is not even close to right. then after a day of sending nice stoners to jail along with some unsavories, he probably goes home smokes a couple doobies, hits his kilo up, does some blow, then probably drinks himself to sleep.

This is not whos hands i want my life in, on top of taht this cocksucker gave me warning that i would get an unfair trial if i ever have to go to court again. he said and i quote, "If i ever see you as a defendant in my court room again for any reason i will make sure you go to prison, i dont care what the DA reccomends"

fuck that cocksucker, im glad im moving soon