Busted in Illinois

skunkpunk · Nov 11, 2012

Hello everyone,
I was busted last month, I am being charged with production of cannabis 20-50 plants. Here in IL that's a class 3 felony. They found 39 plants in my home when I wasn't there. I have a good criminal defense attorney and we have plead not guilty and requested a jury trial. I have a prior charge of simple possession from 07 so I don't qualify for first offender probation. The assistant states attorney offered me a plea bargain if I plead guilty to possession of 10-30 grams with intent to deliver. This is a class 4 felony and he has offered 2 years of probation fines and community service. I really do not want to incriminate myself, there was no intent to distribute what so ever. It was just for personal use. If I lose I will be sentenced to a mandatory minimum of 2 years. I am very nervous and really don't want to take some shitty plea bargain. I would like some advice or people to share their experiences. Anything will help. I have been Goggling my ass off trying to find things to challenge, and any kind of loopholes. Really the only hopes I have are jury nullification or at least a hung jury. I really hope at least one juror will be sympathetic enough to prevent an non violent man who has a great job, an education, and a family from going to prison.
Anyway, any positive or helpful comment or suggestions or anything would be greatly appreciated. Thank you in advance.

Prodigygrower · Nov 11, 2012

the plea dnt sound to bad at least you wont get locked up. and your caught with almost 40 plants bro so you dont want to incriminate yourself ???? that dnt make sense to me they found your grow your caught even if it was just for you to smoke. 2 years sis isnt shit i dnt think you do much better but i'm no lawyer.

Drift13 · Nov 11, 2012

My last felony came from Illinois. When you go to jury trail you roll the dice on the jurors. If you come up snake eyes then the judge throws at you what ever he feels like. If you take the deal and stay good for 2 years...your done. Other than losing your right to a firearm and a few other things. I know it sucks being between a rock and a hard place.

Prodigygrower · Nov 11, 2012

it depends on what kind of probation they are offering if its sis as long as your good for 2 years it does not stay on your record.

mudvaynefan · Nov 11, 2012

I agree, the plea is not horrible. It depends. What kind of statement do you want to make?

Everyone says something with their actions.If the bottom line is what is important, than figure out what would make you happy in the future. For myself, I could take a conviction, and go do my thing. I am not alot of people.

What are your priorities. If you are some cannabis activist that is making a point by having draconian laws imposed on them, and you want to be a martyr, or an activist for the cause, what ever you see it to be, then go ahead?

As if anyone could tell you that, if you were of that mind. Not an activist?

Do not care to make a statement against the status quot by becoming a poster boy?

Then understand why you did what you did in the first place, and go from there.

It avoids convulsion.

justpassnthru · Nov 11, 2012

Contact ASA, MAPP or some of the Activist Groups. They are currently, extremely active with standing outside the courthouse, as people arrive to the courthouse, with signs calling to Jury Nullification. See if any of those groups, or any others you can find NORML and others, get people involved and go for Nullification.

One case recently won. With legalization in two states now. After this election, I would fight the charge, what do you have to lose, really? If this was personal use, second offense.. and you can justify a need for so many plants..

I'd first, start emailing or joining the sites that are fighting, for all of our rights to use, medicinal or not. And now a word from our sponsor's: How about everybody donating a dollar to your own favorite Medicinal Marijuana Advocate program of your choice?

I know absolutely, nothing about the law, except (it ain't fair): Here in Calif, we no longer have the Automatic Three Strikes Law..without review. Is that what Illinois is?

Good Luck to You and I sure hope you can garner some support in the court room. You might try to find a guy named Joe Grumbine: The Human Solution. I am sure he would give you some ideas to garner court room support. jpt

Drift13 · Nov 11, 2012

If he gets convicted of a felony it will be on his record. Unless a whole bunch has changed in the last 10 years or so since I left Illinois.

justpassnthru · Nov 11, 2012

Everyone has a valid point.

They can and sometimes come up with additional charges, like "intent" etc. I have heard. You have to go with your heart. jpt

skunkpunk · Nov 11, 2012

Well thanks for the input, much appreciated. In my heart I want to fight this and become a martyr if you will. I feel a 2 year sentence for a victim-less crime is ridiculous, I think we are coming into a time where things are changing and I want to be a part of that. I know I can take the deal stay clean for a couple years and they dismiss the charges, but what does that say about me? I have actually started emailing different groups about this, and I found my attorney on the Norml website. So I guess I should just let him run with it, I just want to be as educated and informed as I can when making decisions.

village green · Nov 11, 2012

Out of curiosity, do you know what you'd be looking at for less than 10 plants? Where I am they'll plead to simple possession.

Phillthy · Nov 11, 2012

how did you get caught? it will matter come trial time.

cantstoplooking · Nov 11, 2012

How did the police gain entry into the home?

jack hairy · Nov 11, 2012

i dont understand how they can charge you with a schedule 1 drug when it can almost be proven that it does have medicinal value, seems that should prove the law is wrong.
how can they charge you with a schedule 1 when it isnt really one?

how can they get away with arresting and charging someone when that act itself is worse than the so called crime?

how can they get away with charging someone with such a serious offense that it will mark them as a felon for life, when there are people now and even before that can grow legally.

There is medical properties to cannabis, the government has been supplying a few people for quite a few years now.
If they have to supply it for medical reasons, how can they say it has no medical value?

None of their logic makes any sense, and im glad its starting to crumble.

hope it works out for you, good luck with the case.

BudToker · Nov 11, 2012

Sounds like a trumped up plead bargain. They want you to admit to something that you did not do, WTF is that!?

It's easy for me to speculate as I am not in your shoes but I'm leaning towards going to court. Talk to your attorney and find out what she thinks about the plea deal.

Good luck!

-BT :smokeit:

trichrider · Nov 11, 2012

jack hairy said:
i dont understand how they can charge you with a schedule 1 drug when it can almost be proven that it does have medicinal value, seems that should prove the law is wrong.
how can they charge you with a schedule 1 when it isnt really one?

how can they get away with arresting and charging someone when that act itself is worse than the so called crime?

how can they get away with charging someone with such a serious offense that it will mark them as a felon for life, when there are people now and even before that can grow legally.

There is medical properties to cannabis, the government has been supplying a few people for quite a few years now.
If they have to supply it for medical reasons, how can they say it has no medical value?

None of their logic makes any sense, and im glad its starting to crumble.

hope it works out for you, good luck with the case.

this is a good angle. how can their law not incriminate them?
they provide medical grade to several patients and deny it everyone else?

if martyrdom is your goal now, the jury has a right and obligation to know why you would consider it since confronting could be injurious to self.

have some faith in your lawyer, but don't roll over your own constitution (beliefs).

life after felony goes on...perhaps not in the same grand style, and forevermore changed, but it's not the end.

have some faith in yourself. you can overcome this serious shitstorm.

btw, how did you get nicked?

Backwoods Bud · Nov 11, 2012

JMO, a jury of your peers is almost always a better option. You're looking at a felony for sure with the plea deal. Stick to your principles, whatever they may be. You should never regret standing up for yourself and whats right.

noyd666 · Nov 11, 2012

laws in your country different than ours, buti would stick it to em, not guilty. way things are changing your way with state laws,could be ok. i had 80 and lost,lol another story,best of matey.

Loose Cannon · Nov 11, 2012

Mandatory minimums seem criminal themselves.
Why shouldn't a judge hand down such sentences?
Goes back to the tough-on-crime assholes blowing smoke up the electorates collective asses.

FlowerFarmer · Nov 11, 2012

Mud nailed it.. where are you in your life and do you want to be a patriot and fight it.. knowing the risks.

Around here they tend to try to stack the jury against you. Bunch of old ladies who have guilty in their mind the minute they hear of you.

I'd take the plea, stay clean for a bit, and get back to my life. Much rather be sober for 2 years on the outside then have to sit down on their terms for the same or likely longer if you take to trial and lose.

But I would love to see you stick to your guns and win it. Its a gamble for sure. See what your lawyer suggests...he knows how these normally play out. No way in getting a plea while maintaining only a misdemeanor?

If you got family and people who rely on you to be in their lives.. take the plea.

Make sure its a worthwhile plea though. They may be offering because their entrance or discovery was bullshit. Make sure you got a good lawyer that is willing to work..and not just convincing you to take the plea so that he can move on to the next. He very well may be able to get it dropped if their evidence was bullshit or whatever.

skunkpunk · Nov 11, 2012

Well how I got busted is quite messed up, I caught my wife continuing an affair that was supposed to have ended. I told her I was done with her and I was leaving her. After I left the house she called the cops and told them I had plants upstairs (she did this so I could not fight her for custody, because last time we split up I got full custody and possession of the house). Anyway, they asked her to sign a consent to search. She said no and they told her the would seize the house and make her leave till they could get a warrant. She agreed and signed it. They went upstairs in the back room and found 9 medium sized plants and 30 cuttings (also growing were roughly 30 tomato and pepper plants. Took the plants and the florescent light the clones were under and took some pics. They were to dumb to unhook the other light they claim it was hard wired and left it and all other equipment.

Also yes there is a misdemeanor charge for less than 5 plants. What I don't get is if they are dropping it to a class 4 why not ask me to plead to 5-20 plants NO intent to distribute. A class 4 is a class 4 right??

I know the judge doesn't care but the volume of plants is so large because like the veggies they were young and going to be thinned. there was no intention on flowering all of them.

Busted in Illinois

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