-
Happy Birthday ICMag! Been 20 years since Gypsy Nirvana created the forum! We are celebrating with a 4/20 Giveaway and by launching a new Patreon tier called "420club". You can read more here.
-
Important notice: ICMag's T.O.U. has been updated. Please review it here. For your convenience, it is also available in the main forum menu, under 'Quick Links"!
MagdaAndBernie
Member
OK. Mod of pot web site says "not true", follow his advice. Semi retired corporate and residential real estate property manager defers to mods expertise. Thanks for setting us straight. Excellent work.
Know anything about knee replacement surgery? Save me a visit to my orthopedic surgeon.
Know anything about knee replacement surgery? Save me a visit to my orthopedic surgeon.
F
feral
Dead on the money. Statue of limitations only pertains to filing paperwork. I.E. If you want to sue someone you have x-amount of time to file the paperwork. If they file and receive a warrant for arrest there is no statue of limitations. And unless you have some really good connections to help establish a new ID your screwed. They will find you. And ever since 9/11 it's hard as hell to go underground with a complete new identity.NOT TRUE!!!!! Disinformation!!!!
Once LEO has filed a probable cause affidavit or opens the investigation you CANNOT out run the statute of limitations, this only works if LEO has no paperwork started on you.
Flower Felon
New member
The mulitquote is not working with my proxy so I kept some points that I felt were worth addressing.
Regarding Ohio and leniency, I did look it up and have the unfortunate experience of learning about them first hand. I guess lenient is a matter of perspective. First offenders have "a shot" with probation if charged with less than 5000 grams. If having a felony on your record is being lenient, then you are correct "if" you get probation.
Lienency comes down to your second point: Judge. It's all about the judge in Ohio. I got popped with 4 plants that weighed 1326 grams, wet weight and medium stuck on the roots. I got 18 months on paper and a 10k fine and costs, plus a bullshit felony 3 on my record. "My judge" was lenient. I know someone in the same county with a "different judge" and a lessor felony (felony 5) who got popped with an approximate weight of 400 grams. He was a first offender and got sentenced to 1 year imprisonment for cultivation. That's not very lenient for a backyard plant in the garden. Additionally, ferts, ph adjustors and cloning gel can get you a mandatory 2 years if the prosecutor chooses to play hard ball.
The OP should follow your advise and find out what HE's facing in his state. He should lawyer up NOW. I only brought up Ohio due to the bs about Ohio is super lenient. That's a blanket statement and it's simply not true! Like I said before, possession laws are lenient, but cultivation is a different ballgame.
Regarding some grant and all federal student loans, I disagree with you. Fortunately, there is a loophole for growers. On the FAFSA they specifically ask about convictions for "possession or sales" NOT "cultivation." Provided that he doesn't get a possession charge to boot, he is good to go with the loan or grant. Also, if he's on summer break, he's good to go because he is not enrolled and enrollment for the semester is what counts. Additionally, if he retains a lawyer that is "good" I'm sure they'll advise him that he won't have the one year ban on grants or loans. Subtleies like this is what separates good criminal lawyers from the average and I suggest he spend the cash to get a good one...it has the "potential" of making a big difference.
Your last two points are well said. Hope for the best and prepare for the worst. Hopefully, he won't have to spend any time locked up over this and if he does, he should take your words to heart.
I think you're insightful with many of your points, but I just disagree when people claim Ohio is liberal and lenient with cultivators. If one plant and a year in the state pen is lenient, then my buddy got off easy. If 4 plants and a felony record is lenient, then I got off easy. As you already know, having a felony on your record doesn't cause doors to open and is anything but lenient living.
F
feral
True. All cannabis laws are too strict regardless of where your at. But I'd rather face time in Ohio for growing than Virginia.
Being an ex-felon I'm screwed on the kind of work i can do, etc. I've been out 20 years now and still limited at times to what I can accomplish. But!!! I made the decision to do what I did and blame no-one but myself.
Being an ex-felon I'm screwed on the kind of work i can do, etc. I've been out 20 years now and still limited at times to what I can accomplish. But!!! I made the decision to do what I did and blame no-one but myself.
Yes they can force him out, your right, but go back through my posts and read them again.
How do they go about forcing him out?
By filing with the courts for an eviction.
They can't take that lease agreement he signed and come running up waving it and start throwing his stuff out, doesn't work like that, they have to file, and get an eviction notice, and have it served to him by posting it on his door.
On the eviction date on the posted notice if he's still there the apt can call the sheriff and he will come and put him and his stuff out, BUT NOT BEFORE.
P
Pure.Dope
Will they have to evict me to force me out? Yes
Do I want to have an eviction and all the associated fees? No
Do I want to have an eviction and all the associated fees? No
Balarama67
Member
I appreciate I'm talking out of my whatsits 
here -
Is there any way to change your status from tenant/evictee to squatter, if needs be,
to avoid punitive charges...?
Just a thought, mind.
here -Is there any way to change your status from tenant/evictee to squatter, if needs be,
to avoid punitive charges...?
Just a thought, mind.
superbolan
Active member
you may be getting out of there without prosecution, why would you want to fan the fire and not just leave?
superbolan
Active member
as of 1990 the landlord is required by law to evict you with three days notice if drugs are found. If you fight this you will get a date in court. I don't know about you but i would not want to be in court for that
"You gotta know when to hold em you gotta know when to fold em"
"You gotta know when to hold em you gotta know when to fold em"
this provides no help to OP, but some have mentioned a few tips on apartment grows(such as not doing them)
one method i have seen posted, put the grow in your bedroom and a lock on that door
stated reason is 'i have sensitive documents/valuables in that room'
bedrooms seem to have some increased legal expectation to privacy
now what the lease may have about this, don't know
but couldn't be any worse than free access to your grow
one method i have seen posted, put the grow in your bedroom and a lock on that door
stated reason is 'i have sensitive documents/valuables in that room'
bedrooms seem to have some increased legal expectation to privacy
now what the lease may have about this, don't know
but couldn't be any worse than free access to your grow
Wow, everyone is saying a lot but not much useful.
The only thing that matters is the wording of the tenancy agreement you signed before you moved in. Does it say they can enter without giving notice for maintenance. In the majority of cases it will at least say they are required to give 24h notice.
The only thing that matters is the wording of the tenancy agreement you signed before you moved in. Does it say they can enter without giving notice for maintenance. In the majority of cases it will at least say they are required to give 24h notice.
F
feral
the rental agreement only play a PART. The OP needs to see what the laws are on the books for god's sake. Here's whats on the books in Virginia. Read the last 2 lines. If I asked for maintenance work to be done they DO NOT have to give notice. You can argue all you want about the rental contract, but the laws are what the court will go by. They'll evict him on this regardless. And anybody with a lick of sense isn't going to go to court to protest that they entered the apartment illegally when he was, and they found, a grow op. Despite the fact of that his main problem is he was caught manufacturing marijuana. The police can ask a judge/magistrate to issue a warrant for arrest, or they can turn it over to the State's attorney to decide if they want to pursue the matter. I think this would be more of a concern than oh no I have no place to live bs.
Virginia law:
A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times. Unless impractical to do so, the landlord shall give the tenant at least 24-hours' notice of routine maintenance to be performed that has not been requested by the tenant. If the tenant makes a request for maintenance, the landlord is not required to provide notice to the tenant.
Virginia law:
A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times. Unless impractical to do so, the landlord shall give the tenant at least 24-hours' notice of routine maintenance to be performed that has not been requested by the tenant. If the tenant makes a request for maintenance, the landlord is not required to provide notice to the tenant.
White-rhino
Member
Yeah, the "vacate within 24 hours" notice is a joke. I'd call them and tell them you have no plans of vacating without a court order, and do not contact you again outside of a courtroom. You still have to pack up and move, but not in 24 hours.
You haven't been convicted of anything at this point and you are also completely innocent at this point. The landlord doesn't have a leg to stand on by this harrassment until you are found guilty, which wont be for several months. And advise them to not speak of this to anyone, or contact you.
Maybe throw in there that you are planning on filing civil harrassment charges, libel, maybe slander (to be determined by their deposition), breaking and entering charges, and if they contact you again - witness tampering. Just for the fun of it, and maybe throw them off their game.
You haven't been convicted of anything at this point and you are also completely innocent at this point. The landlord doesn't have a leg to stand on by this harrassment until you are found guilty, which wont be for several months. And advise them to not speak of this to anyone, or contact you.
Maybe throw in there that you are planning on filing civil harrassment charges, libel, maybe slander (to be determined by their deposition), breaking and entering charges, and if they contact you again - witness tampering. Just for the fun of it, and maybe throw them off their game.
F
feral
Yeah, the "vacate within 24 hours" notice is a joke. I'd call them and tell them you have no plans of vacating without a court order, and do not contact you again outside of a courtroom. You still have to pack up and move, but not in 24 hours.
You haven't been convicted of anything at this point and you are also completely innocent at this point. The landlord doesn't have a leg to stand on by this harrassment until you are found guilty, which wont be for several months. And advise them to not speak of this to anyone, or contact you.
Maybe throw in there that you are planning on filing civil harrassment charges, libel, maybe slander (to be determined by their deposition), breaking and entering charges, and if they contact you again - witness tampering. Just for the fun of it
In which case the rental company/property owners can call the police or the D.A. and find out the status of the case and what charges are being pursued.
It's one thing to have a private citizen asking for charges to be brought and another to have a company that may be very big/persuasive to push the issue. Why taunt them to push LEO into acting when LEO may not be doing anything or at least not doing anything in the present time. The longer it takes for them to charge him the better off he is. Things come up missing from the evidence rooms, paperwork gets lost, etc. as time progresses. If you want to put out a fire you don't use gasoline.
OP! once again....research the laws yourself and get a lawyer. Go to the library and look up your shit in the law books or go online. All states have their statutes online now days.
White-rhino
Member
It doesn't matter, and the prosecutor isn't going to give them any information when they call, but if he did that also wouldn't matter. A finding of guilt will matter, nothing less.
The issue at hand is the eviction within 24 hours because of drugs. I highly doubt the manager ran his/her own certified testing to determine if the plants that were found are in fact drugs. Something to ask them at the eviction hearing (if any). Highly doubtful the prosecutor answers random questions by third parties on a pending drug case. Also doubtful that they have any "clout" or influence in the community.
As for taunting, it sounds to me like they lobbed the first strike. Better to remind them of the legal liability they are exposing themselves to, since they are obviously amateurs. The managers are better off shutting the fuck up and waiting. As of now, its the same as if the landlord saw some white powder on the floor and tried to evict because of cocaine.
If they evidence is thrown out on a technicality, and charges are dropped, whose going to be looking at a large civil suit for harassment?
The issue at hand is the eviction within 24 hours because of drugs. I highly doubt the manager ran his/her own certified testing to determine if the plants that were found are in fact drugs. Something to ask them at the eviction hearing (if any). Highly doubtful the prosecutor answers random questions by third parties on a pending drug case. Also doubtful that they have any "clout" or influence in the community.
As for taunting, it sounds to me like they lobbed the first strike. Better to remind them of the legal liability they are exposing themselves to, since they are obviously amateurs. The managers are better off shutting the fuck up and waiting. As of now, its the same as if the landlord saw some white powder on the floor and tried to evict because of cocaine.
If they evidence is thrown out on a technicality, and charges are dropped, whose going to be looking at a large civil suit for harassment?
F
feral
dude the rental property is the party that was the 'victim' in this 'crime'. They are the complaining party, the plaintiff. That gives them the right to see what is being done. And why would you push the issue? Have you ever done serious time? Do you know how the court system works?
Again OP. research this yourself and get a lawyer. Everyone keeps focusing on an eviction. Fuck that! You need to be focusing on what happens if your charged, the time your facing, can you make bail if you not granted PR, etc.
Again OP. research this yourself and get a lawyer. Everyone keeps focusing on an eviction. Fuck that! You need to be focusing on what happens if your charged, the time your facing, can you make bail if you not granted PR, etc.
White-rhino
Member
No they aren't. The people of AZ are the "victim" of the crime. If there even is a victim. Thats why its called a victimless crime IMO
The indictment will say People VS Grower, not apartment complex owner VS grower. At best they are a witness. And if the charges are dropped, or the grand jury never indicts, there are no victims because there was never a crime.
Get an attorney now. They can find out whats going on for you. Even though its not a med state I am sure you have an impairment that cannabis helps relieve so you can work and lead a normal life. Helps even in non med states with personal amounts.
They may not charge you. They may be waiting for the plants to dry so they evaluate how much cannabis their is and what charges to bring if any at all. Find a new place and stay clean. Good luck
They may not charge you. They may be waiting for the plants to dry so they evaluate how much cannabis their is and what charges to bring if any at all. Find a new place and stay clean. Good luck
F
feral
You obviously don't understand legal proceedings and I'm not going to debate what happens in AZ and what happens in my state. I don't recall the OP stating he was in AZ. what's up with that?
Regardless of all that he needs to focus on what will happen if a warrant for arrest or a criminal indictment is filed. He already stated he doesn't have much funds. If he is arrested he'll need a good attorney to help get his ass out. If he has no attorney and goes with a PD or whatever they have in his state, he's basically screwed. He needs to worry how zealous the DA may be towards drugs as well as the judge. What enhancement on the sentencing guidelines may apply if he is growing within a certain area. He needs to stay off ICMag and any other website that deals with drugs. All you need is for them to get your computer bring up your history and BAM!!! "OH ICMag your honor is a website for people who grow marijuana particular for sale". He just went from someone who grows for himself to someone who may be doing this 'professionally' in their eyes. He needs to worry if convicted and it's a felony, he'll be screwed on a lot of stuff that he may want to do with his life. OP sounds like he is a late teen or in his early 20's with no experience with the 'criminal/outlaw' whatever you want to call it lifestyle. And they'll use every trick in the book on him at the station and in court.
OP Good luck dude and get a lawyer and do what HE says. Not what we are telling you here. And if you do get time remember one thing. Don't look to far ahead, because you'll just drive yourself insane. Take it one day at a time.
Regardless of all that he needs to focus on what will happen if a warrant for arrest or a criminal indictment is filed. He already stated he doesn't have much funds. If he is arrested he'll need a good attorney to help get his ass out. If he has no attorney and goes with a PD or whatever they have in his state, he's basically screwed. He needs to worry how zealous the DA may be towards drugs as well as the judge. What enhancement on the sentencing guidelines may apply if he is growing within a certain area. He needs to stay off ICMag and any other website that deals with drugs. All you need is for them to get your computer bring up your history and BAM!!! "OH ICMag your honor is a website for people who grow marijuana particular for sale". He just went from someone who grows for himself to someone who may be doing this 'professionally' in their eyes. He needs to worry if convicted and it's a felony, he'll be screwed on a lot of stuff that he may want to do with his life. OP sounds like he is a late teen or in his early 20's with no experience with the 'criminal/outlaw' whatever you want to call it lifestyle. And they'll use every trick in the book on him at the station and in court.
OP Good luck dude and get a lawyer and do what HE says. Not what we are telling you here. And if you do get time remember one thing. Don't look to far ahead, because you'll just drive yourself insane. Take it one day at a time.
