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NYS Drug Court

fdish

Member
I did not know if anyone has information on the new drug courts in NYS. I am facing a 1st degree possesion charge from Oct. Well over 10 elbows. My attorney has spoken to the DA and they agreed I would be a good candidate for the new drug court. If I behave during outpatient treatment I should end up with a sealed record which is as good as never being arrested except for the CIA and FBI. Sounds too good to be true but I'll keep you posted.:xmasnut: :yoinks: :joint:
 
U

ureapwhatusow

if you watch the reporting of public records upstate ive seen growers walk away with low level possession charges and just a fine

under an ounce is a civil violation
 

igrowone

Well-known member
Veteran
not good news on your bust, but sounds like your pain will not be too bad
NY is on a positive trend, plenty of talk of MMJ for NY earlier in the year, could happen this upcoming year
and the enforcement trajectory seems to have really changed for the better
best of luck in your upcoming case
 

fatigues

Active member
Veteran
I am facing a 1st degree possesion charge from Oct. Well over 10 elbows.

You are saying you were busted with 10 POUNDS of Marijuana, and they didn't charge you with sale or cultivation and you are being permitted to go instead for alternative sentencing in Drug Court for a class D felony??? :jawdrop:

Allah is clearly with you my friend. The sentence for this is ordinarily 1 - 15 years and/or fine, (if 2nd offense mandatory ½ jail sentence ... though not sure on the mandatory nature for that as the Rockefeller Laws have been recently repealed in NY.)

Still.

I'd be passing out a LOT more change to streetfolks as you walk by this month. You OWE the karma pool more for this than you are likely to ever be able to repay.
 

Grateful D

Member
Hey man i completed nys drug court in rochester. its a bitch but if you piss clean and complete it they do hold to there word with whatever deal you set up. but if your pissing dirty continually and not doing your program they will fuck you. so if you think you can piss clean or cheat your tests (they do watch you when you piss) then its worth it. if not its better to not take drug court bc they will lock you up for pissing dirty and going to jail for a week sucks over and over. you need a year of contionuis clean urine. it took me a little over two years to complete but it was worth it i got some serious felionies sealed. good luck
 

fdish

Member
NY coming around

NY coming around

Yeah,
I am feeling too lucky that is why I'm asking for anyone that has been through drug court. The current charge is for 70 elbows just cut but not processed. My codefendant had "H" on him and more at his house. They then got a warrant for the houses and found another 1.5 processed and 56 pain pills in a bag at my house. In 87 I was popped for 10 elbows that was actually 9.75. I was held without bail in Wayne County for 13 days before my lawyer got them to set bail at 75,000. I ended up with a 1st degree possesion charge and 5 years of probation. This bail was 15,000 in Monroe County. I can go without my drug of choice "weed". My main concern is pain medicine. I was run over by a drunk driver in 81 and had my back broken, compound fractured leg and 3 pins in my foot. Some of the rehabs I have been to are very much against pain meds. I would like to trade them for a week of pain for sobriety. I told the lawyer I would rather go to jail than go without meds that I need. I have to try this new drug court. They are not holding my old conviction against me because it is over 10 years. I had 3 DWI's but quit drinking altogether in 92. Some rehabs would not take me because I no longer drink. They took over $25,000 from my house and bank with no proof of any of it being ill gotten. How could you sell anything that was never even processed? I hope to get it back. I have receipts for all of it. DEA now has the money in Va. I wonder which type of jail or prison they would send me to being over 50 and permanently disabled? I may not have to worry about it if this drug court works out. After this is over I want to move to Oregon where it is legal.:santa1:
 

Grateful D

Member
shit monroe county drug court? thats exactly what county i did my court in. and its not as i said that bad. About the painkillers, that all depends on what treatment facility they asign you to. some will work with you some wont. and it all depends om your treatment agencies drug court rep, they hold alot of say over your treatment some are def cooler than others. if you have been to outpatients or inpatients in monroe county before they will hook you up with whatever the last one you went to was. if you have never been in monroe county treatment they will hook you up with whatever agency has room. I started drug court when i was 18 with no health problems, so i dont have any experice in that aspect. good luck
 

star crash

We Will Get By ... We Will Survive
ICMag Donor
Veteran
fdish... i wish you all the best & registered with icmag so i could in part respond to your post with my own experience.. i got jammed up well over a year ago in NYS when my grow got raided (156 plants in various stages of growth)..was charged with criminal possession felony c & was looking at jail/prison time...my 1st bail was 100k, & the NYS police wanted to seize my home, but with the help of a great lawyer we got it down to 15k & no seizure (apart from some lesser personal possessions which i got back after a year in the local troopers "evidence" locker & garage)the police did confiscate all my grow gear & 5 years work worth of seed stock breeding excellent cross's which i doubt i'll ever be able to replace..so,after 9 months of agony & anxiety i plead out to a felony E possession charge and was sentenced to drug court, a 3 month term outpatient in a local chemical dependency clinic & 5 years probation with NO JAIL time...the drug court was not part of my original plea , but the judge through it in while i was being sentenced, we later appealed that part & i got out of drug court(which was a good thing because here in otsego county drug court is really tough to get through, many hoops to jump through & if while in drug court the judge can & will sanction you if you do not follow the rules to a tee & the end result is always some jail time)..also a felony conviction on a drug charge in NYS means a mandatory drivers license suspension for 6 months...now in my case basically what the LEO got was a gardener with a lot of pot plants,,no scales , no cash, no guns, no sales..etc..although the whole experience has been devastating for me on MANY levels of existence & i miss my herb a lot.. i'm doing as well as can be in these tough times & i did not have to sit in jail/prison..probation is a drag,but as long as you follow the rules then the PO is happy...again good luck with your case & do the best to keep us posted on how things work out for you...much peace from "star crash"
 
D

DJXXPLATINUM

fdish...i am in drug court right now in missouri...ours is 16 months long they piss test you twice a week,i must attend drug classes 6 hours a week and go to 2 aa/na meetings a week... and after completion they give you a court date with the judge and all charges are dropped like they never happened.....mine were possession, cultivation with intent to distribute and i also had xanax charges and am facing 22 years for the two felonies and in this county they give the druggies the max..... i have been clean for three months now and its worth it....just walk the way they say to walk...and you will be fine...don't even think about smokin cause it will just set you back..and you might even have to start over.....drug court is worth it especially in a dog and pony show town like mine!!!!!!! dj
 

fdish

Member
I started an outpatient rehab for drugs and depression. They are very liberal because they focus on mental health issues more than the drug rehab part. They do piss tests at random and I have not smoked for 2 months but my piss is still dirty. I started at over the 340 max level and I am now down to 182. I am told than I need to be below 94 for a negative reading. My pain levels are much higher now and I always show opiates in my urine. I can't live without my pain meds. My lawyer said as long as they are prescribed I should be OK. Some of the other rehabs do not allow them at all. I have been to the hospital 3 times since being arrested and always got hydromorphone shots and pills. Nothing weaker seems to help after having my back broken in '81. I can and have gone without the weed for a year, I just don't like doing it. The narcotic pain pills are their own little hell to deal with. At my age 51 I would rather do a year in jail than be on probation for 5 years. I would like to finish this BS and move to southern Oregon where it is legal. I'm thinking NYS will be the last state to legalize freedom.:thanks:
 

igrowone

Well-known member
Veteran
fdish, know it's not much of a good christmas for you this year
but i can least add a hopeful thought for the new year
NY was ready to go legal MMJ this year, anything could happen in the new year and state assembly
not sure how that would play out for you, but it is a bit of a hope
 

Hammerhead

Disabled Farmer
ICMag Donor
Veteran
^^^ ME TO. I would like to know what they paln on doing to manage your pain while in this program. If there just testing for cannabis? or a full pannel. Good luch sounds like you got a weet deal.
 

star crash

We Will Get By ... We Will Survive
ICMag Donor
Veteran
fdish..do you even know what your options are yet? have you been offered a plea? how about some more details? peace...
 

fdish

Member
update

update

Well it sounded to good to be true and things usually are, I still have not been indicted. The latest news from the lawyer is the county DA turned the case over to the feds for review. The cops took 10K from my house and 15K from my bank and sent it to the DEA in Va. The only charge so far is 1st degree possession for 70 lbs and my co-defendant was smart enough to bring some H with him to harvest. The cops tried to get us to each sign permission to search our houses. We both declined and the cops said something to the judge to sign search warrants. In my house they took another 1.5 lbs and some pain pills. In his house they took 140 plants growing inside and 2 z's of H and a lot of morphine and 34lbs of buds in the freezer. It looked bad on TV and paper so they may want fed time and houses and took 2 of his cars. From what I hear the cops may have lied on paper to the judge to get him to sign the warrant. After the county DA reviewed it they may have found that and did not want to see it get thrown out. In the fed system the cops are allowed a lot more "mistakes" and can still easily get a conviction. Still in the rehab and my piss should be clean of weed by now. As for the pain meds the evaluation company sent letters to my doctors and ED telling them not to write me any scripts of opiates. My doctor showed me the letter written by a guy I never met and then sent me a certified letter telling me to get a new doctor. He won't see me again. The outpatient rehab may turn into inpatient mental hospital while they choose state or federal. I had a 10 lb conviction in 87 but the state won't hold it against me because it is over 10 years. Throw in a possession and escape charge from FL in 83. The feds don't do drug court so the whole thing may get a lot worse. Small chance they are breaking my balls and then give it back to the state and drug court. I won't know for 3-4 more weeks.:smokey:
The lawyer got $15,000 and I hope he works hard for it. The bail was another $15,000 that came out to $16,200 for using credit cards.:witch: Governor Paterson is on his way out and may change the laws before he goes.:whistling:
I will update again.
 

star crash

We Will Get By ... We Will Survive
ICMag Donor
Veteran
with the kind of weight your talking about NYS is not going to want to let you go..they will want own you for 5 years one way, or another, maybe have to do some time & then probation...you wont get the option to do a year in prison and no probation..talk with your lawyer, but i would avoid drug court at all costs...drug court SUCKS....LEO will want a felony conviction for sure..i plead guilty & got mine reduced to criminal possesion class E felony & 5 years probation , no jail & with 8 weekly one hour visits to outpatient rehab...this was with 156 plants & 10 plus lbs...not bad considering how it could have turned out.... i feel for you bro..peace & stay strong!!!
 

fdish

Member
As much as I love my weed I can and have gone without it for extended periods of time. A year is easy for me when I set my mind to it and think of the day that they no longer have me on paper. I can't go without pain medicine. I don't get high on it and use it sparingly. My pain is so intense sometimes I believe I will eat my shotgun if I can't get help with meds. I need hydromorphone now because I took hydrocodone for over 20 years and it no longer helps me. Weed also helps with pain but I can't vaporize enough of it. With the best I can grow I still use 1-2 z per week. I don't know any of my friends that do that. Usually when I quit I have about a 1000 cravings a day. For some reason this time I have had NO cravings. I know if I live through this I will be with my best friend again some day. I call this "coming up for air" time. I tried acupunture a couple weeks ago and some new non narcotic pain/depression pills that help a little. Cymbalta has a side affect on some people of killing pain. I went 3 months using this last summer without the narcotics until I had another gallbladder attack. I have doubled the dose of it and added Lyrica that also is supposed to help. Something is working and I have not used narcotics for almost a week. My cravings have been replaced my thoughts of ending the pain for good. About a 1000 times a day now I think about the shotgun. If these as*holes want me to do a long federal bid at my age I may bypass it and eat the shotgun. I never thought I would see the day where weed was legal in any state. I think NY will be one of the last. I am glad to have lived long enough to see it legal in some states. My love of weed made me into an outlaw for life. Once a convicted felon what are the chances of having a normal life. I started smoking weed when I was 14 and got to my first inpatient rehab when I was 24 when I was facing 21 years in Florida. My first felony arrest for 1 z of weed when I was 16. I quit drinking alcohol in 1992 and do not want to drink again. I had a lot of fun with it but more bad came from it than good. I wish some law makers would read this because in my state they don't let the voters decide if it should be legal. I think our founding fathers would roll over if they saw what happened to America/USSA. United Soviet States of AmeriKa.
 
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