Cops came, I happened to be there...
- Thread starter VERTVERT
- Start date
Thanks for the feedback. Here is what has developed.
Yesterday I get an email with three blank template docs supposedly something the growers lawyer has worked out with the DA.
- Standardized Sentencing for Misdemeanor California Health and Safety Code 11357(c)
- MCR-102 (since I live in China, plea in absentia form)
- PRU-200
These are all generic with no specifics and they wanted me to look at them and be ready to sign. Two years informal prob, 200 hours community service, some restitution to be paid $500/lb but doesn't state any details about how much was there. It seems like they want me to admit to a misdemeanor for possession but as I mentioned no specifics like what class misdemeanor, how much in possession of, etc.
The charge is listed as - California Health and Safety Code 11357(c), a misdemeanor.
This is the only thing on the forms that is not a part of the template.
I have not seen any police report, just heard from one of the others who had a lawyer talk with the DA. There were three other people mentioned in the police report (aside from the grower and his wife). In the entire report it just says these three people were at the location manicuring plants. (which we were there but never seen doing anything or admitting to being involved), other than that no other mentions... One person did say he was there as a 215 patient, and was shown all the proper paperwork that was posted at the grow. So it seems he is legal by state/county laws regarding 215.
In the end it appears like his lawyer has went to the DA and worked out a deal for him to pay lots of money to get out of it, and have more people involved to look better on the DA's record for busts. In my opinion its like he is trying to split up the weight among people that were there so he gets off easier. Myself and the other two people who were there are not ready to take any heat for this guy. Feels like he is throwing us under the bus to save himself.
This other guy who is the 215 patient (he is local) said the grower has a meeting with the DA tomorrow, then a hearing on Friday. Seems like maybe the grower will meet about this with the DA tomorrow, then Friday have his violation of parole hearing. He violated his parole in many ways so he might possibly be sent out to the state where he was on probation to serve time for that. If the grower is trying to involve us other three, he has nothing to take to the DA tomorrow since we all have not agreed or signed anything. So I guess we just hope the DA takes his money and forgets about us. Is it possible for the grower to work out a deal with the DA, then after the DA comes after us? The grower is threatening us saying if we don't get on board and sign this then we all are facing serious felony charges. Not sure if he and his lawyer have devised this plan to involve us or if the DA really is trying to get everyone that was there. Its obvious in my case I'm not involved as I don't even live in the US and was just stopping by with my wife before flying back overseas. The other is a 215 patient. Seems like they don't have much to go after us for.
As mentioned before, I'm not talking with anyone or signing anything until I talk with a lawyer. Just wanted to give some info and maybe someone has some more advice. At this point I'm waiting it out to see what happens. If I get contacted by the court then I will get a lawyer and deal with it.
Yesterday I get an email with three blank template docs supposedly something the growers lawyer has worked out with the DA.
- Standardized Sentencing for Misdemeanor California Health and Safety Code 11357(c)
- MCR-102 (since I live in China, plea in absentia form)
- PRU-200
These are all generic with no specifics and they wanted me to look at them and be ready to sign. Two years informal prob, 200 hours community service, some restitution to be paid $500/lb but doesn't state any details about how much was there. It seems like they want me to admit to a misdemeanor for possession but as I mentioned no specifics like what class misdemeanor, how much in possession of, etc.
The charge is listed as - California Health and Safety Code 11357(c), a misdemeanor.
This is the only thing on the forms that is not a part of the template.
I have not seen any police report, just heard from one of the others who had a lawyer talk with the DA. There were three other people mentioned in the police report (aside from the grower and his wife). In the entire report it just says these three people were at the location manicuring plants. (which we were there but never seen doing anything or admitting to being involved), other than that no other mentions... One person did say he was there as a 215 patient, and was shown all the proper paperwork that was posted at the grow. So it seems he is legal by state/county laws regarding 215.
In the end it appears like his lawyer has went to the DA and worked out a deal for him to pay lots of money to get out of it, and have more people involved to look better on the DA's record for busts. In my opinion its like he is trying to split up the weight among people that were there so he gets off easier. Myself and the other two people who were there are not ready to take any heat for this guy. Feels like he is throwing us under the bus to save himself.
This other guy who is the 215 patient (he is local) said the grower has a meeting with the DA tomorrow, then a hearing on Friday. Seems like maybe the grower will meet about this with the DA tomorrow, then Friday have his violation of parole hearing. He violated his parole in many ways so he might possibly be sent out to the state where he was on probation to serve time for that. If the grower is trying to involve us other three, he has nothing to take to the DA tomorrow since we all have not agreed or signed anything. So I guess we just hope the DA takes his money and forgets about us. Is it possible for the grower to work out a deal with the DA, then after the DA comes after us? The grower is threatening us saying if we don't get on board and sign this then we all are facing serious felony charges. Not sure if he and his lawyer have devised this plan to involve us or if the DA really is trying to get everyone that was there. Its obvious in my case I'm not involved as I don't even live in the US and was just stopping by with my wife before flying back overseas. The other is a 215 patient. Seems like they don't have much to go after us for.
As mentioned before, I'm not talking with anyone or signing anything until I talk with a lawyer. Just wanted to give some info and maybe someone has some more advice. At this point I'm waiting it out to see what happens. If I get contacted by the court then I will get a lawyer and deal with it.
Everybody I talk with says they have never heard of someone being at the property or even working on the property getting charged, unless its an illegal worker. So I can't really imagine being pressured into being involved in this. Threatening me to take this misdemeanor or else you could face some serious felony. Seems the worst that could happen would be charged with visiting a common nuisance, can't see how I could be charged with possession of any sort. I didn't have anything, but was not searched, and was in no way linked to what he was doing.
sonofdust
Active Member
You may want to check under the wool and see if thats really a buddy under there. You know he's going down for violation of probation. California has been at the Verge of bankruptcy for some time now and a bogus bust is cash in there pockets. Look at the way the Fed's are jacking with the dispensaries in LA. More money in busting your ass then taxation.
You can bet the Fed's didn't just drive up to his place outta the clear blue sky, they most likely been checking him out and your just an extra cookie for them. Sounds to me like your buddy is doing a little back strocken to get a nicer cell at his so called friends expense.
You never did say one way or the other about diddling his wife. Now that would open up a new can of worm's.
Best of luck..
You can bet the Fed's didn't just drive up to his place outta the clear blue sky, they most likely been checking him out and your just an extra cookie for them. Sounds to me like your buddy is doing a little back strocken to get a nicer cell at his so called friends expense.
You never did say one way or the other about diddling his wife. Now that would open up a new can of worm's.
Best of luck..
I'd lawyer up and sign nothing.
Its bullshit trumped up crap they are hoping you will sign onto.
Don't do it.
Its bullshit trumped up crap they are hoping you will sign onto.
Don't do it.
VertVert;
Have you been charged with anything or signed any papers of detainment? If the police have not instructed you not to leave go home. If you have been formally detained stop speaking with ANYONE surrounding this (especially your so-called friend and his attorney), and get your OWN attorney and let him do ALL your talking. Living in China this type of stuff can be death sentence stuff. The international laws today are terrifying. So either get on a plane and go home or retain a heavy hitting criminal defense attorney.
Here's how you find one. Go to the local superior court ask around the court clerks and bailiffs, they know who the heavy hitters are. Be prepared for a big expense too. But a high profile, privately paid, defense attorney who knows the DA will make this go away fast.
Have you been charged with anything or signed any papers of detainment? If the police have not instructed you not to leave go home. If you have been formally detained stop speaking with ANYONE surrounding this (especially your so-called friend and his attorney), and get your OWN attorney and let him do ALL your talking. Living in China this type of stuff can be death sentence stuff. The international laws today are terrifying. So either get on a plane and go home or retain a heavy hitting criminal defense attorney.
Here's how you find one. Go to the local superior court ask around the court clerks and bailiffs, they know who the heavy hitters are. Be prepared for a big expense too. But a high profile, privately paid, defense attorney who knows the DA will make this go away fast.
greenghost420
Well-Known Member
you will slam dunk this case, take it to trial and they will dismiss it!
Hi Corso312,
Actually this guy is trying to get his friend to say that some of the plants were his to dilute the charges on himself. The problem is the OP is from China. What is a slap on the wrist to us in the U.S. can be a death penalty issue in China. He simply can't plead to help his friend and frankly I would NEVER ask someone to plea bargain to reduce charges on my grow. That's just not honorable. Worse how is that friendly to not care about the consequences for the other party?
So I'm thinking this guy is not the OP's friend by any stretch of the imagination.
To clear things up. This happened in CA, not in China. The police didn't ask me to sign anything, just asked me if I was involved and I said no. That was all. They took my details, didn't even ask to see my ID. They said leave the property for a few hours while they confiscate everything then you can come back while you are staying here. In addition, this guy growing had two houses on his property and I was staying with my wife in the small side house. The police didn't even come to that house. I am back in Asia now, I actually left for home before anything even came up about me somehow being involved. After I returned home I was notified only by this guy that I'm mentioned in the police report and they are trying to get me charged with something. So still at this point I don't even know if he is 100% bs, because I have heard nothing from the county or DA. Really just seems he is involving me to reduce the charges put on him.
At the most I think they could try to charge me with something for being there and trimming, the police report mentioned me once saying that I along with two others were there trimming. I was not even trimming. So not sure how they think I can be charged with possession.
It all really points to this guy throwing me under the bus to lower his charges...
At the most I think they could try to charge me with something for being there and trimming, the police report mentioned me once saying that I along with two others were there trimming. I was not even trimming. So not sure how they think I can be charged with possession.
It all really points to this guy throwing me under the bus to lower his charges...
Saerimmner
Well-Known Member
He is blatantly trying to fuck you to lessen the sentence/punishment he gets, entirely up to you if you decide to bend over or not
I'm not going to take any charge or fines for him.
So I'm hoping that he deals with it and I stay out of it. I don't know how the county or DA could expect to bring anything on me. I'm just waiting it out and see where it goes, then deal with it as needed. Not going to take any blame or help this guy out, but if he has put my name into the picture I guess the DA will have to decide if its worth bringing something on me. In my option they would be crazy to expect charging me.
In the end if I don't agree to sign or admit to anything I still might have to hire a lawyer to talk with the DA if he has involved me. So I wouldn't be bending over, but would still be fucked by this guy.
zer0ed
Active Member
Currently nobody in the picture has your best interests in mind.
Stay out of it, and get a lawyer as soon as anything formal happens. he is the only one who will have your best interests in mind.
Becareful with your "friend" trying to contact you. by phone or email. he may try to record your conversation. and use it to get you to admit to something.
Stay out of it, and get a lawyer as soon as anything formal happens. he is the only one who will have your best interests in mind.
Becareful with your "friend" trying to contact you. by phone or email. he may try to record your conversation. and use it to get you to admit to something.
greenghost420
Well-Known Member
it doesnt matter if he put your name in it, whos house were the plants in? get a lawyer file for trial and it will get dismissed! they are seeing what they can get out of you...if hes looking to split charges with someone his wife is gonna have to do that. dude dont sweat it! make sure your lawyer doesnt miss any pre trial hearings...
Its clear that I have no involvement, I have been a resident of China for over 5 years. Was visiting my family in the midwest and decided to visit CA to travel the coast before flying back home to China. House was in his name. I'm sure it would not go anywhere if charges were brought against me, but the cost of hiring an attorney to help with this is what bothers me. To think I could have to spend at least a couple thousand + for no reason is just not right.
How do I know when I am formally involved in this? Right now its only been the grower telling me I'm involved, I have not been contacted by any police or court. But I don't want to call and inquire if right now if I'm not involved. I have a feeling this guy is pushing to have me involved to share the charges, not the police trying to involve me. Trying to not bring any attention to myself if not needed, but yes can't end up missing any pre-trials or getting a failure to appear would be really bad.
racerboy71
bud bootlegger
i wouldn't contact any lawyer till the police dpt or whomever contacts you, not your buddies lawyer.. i'd just ignore any and all letters / emails w/e coming from his lawyer.. he's not working for you, and in fact, seems like he's working against you imo..
i'd just sit it out, why spend any cash on a lawyer when you may never get formerly charged with anything.. this dude don't have a leg to stand on by trying to pass charges off to you.. i don't see how any d.a. could think you responsible for any of this honestly..
Yes I'm aware of that and what I was trying to point out is that if you plead guilty to anything in the US it could have serious repercussions for you in China. Back in the day what happened in one country stayed in that country. With the international treaties, and the land of Interpol it isn't as clean and discreet as it once was.
Anyway stop talking with this guy he's not your friend. This is usually the stage of the 'pretext' phone calls. Where he calls you, with the police recording and tries to get you to appear guilty or at least complicit. So I would not take his phone calls and I would simply ignore his emails. Stop all correspondence with him.
If the police wish to speak with you they will contact you directly. I'm sure your 'friend' would gladly provide them with your contact information.
greenghost420
Well-Known Member
wow! so you dont have to a court date? you dont even need a lawyer till youve been arrested! your friend is a joke! i would wait, you might get a summons in the mail for charges against you but so doubtful! you would be likely to be a witness against your friend than a codefendant! tell your boy to fix it!