new user got a possession charge with mmj card

No consensual search issues guys. This should have been the equivalent of a fixer ticket. If the judge upheld it's either reversible error or not the full story. The only answer is lawyer up. Oh and you will pay double for an appeal. Always bring the lawyers in early it's much cheaper on you that way. Each tick upwards is a tick upwards in price. You don't even want to know Federal Bar fees oh my god.

TheGreenMaester said:

Once again, read up on Terry Stops.

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I never said anything about search laws.

Thanks for the input guys it is much appreciated and in the future I will most definitely get a lawyer before hand even for something as small as an possession charge. As for anyone saying there is more to the story, there really isn't any more it's as simple as I have told it and that is why I did not get a lawyer. Also note that this is my first time in trouble with the law and have no criminal background, I just turned 30 and don't consider myself to look like a youngster either. I checked out the norml site and gave a couple people a call but I'm seeing how expensive me doing anything about this can be. I really wanted to share my experience with what happened and maybe people will be a bit more careful when dealing with the long arm of the law. I now keep a photocopy of my paperwork in my wallet even though I read a photocopy isn't completely legit but it couldn't hurt. Thanks again for the friendly advice and I decided I'll start posting my grow experiences and journals on here.

curious2garden said:

No consensual search issues guys. This should have been the equivalent of a fixer ticket. If the judge upheld it's either reversible error or not the full story. The only answer is lawyer up. Oh and you will pay double for an appeal. Always bring the lawyers in early it's much cheaper on you that way. Each tick upwards is a tick upwards in price. You don't even want to know Federal Bar fees oh my god.

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And in case anyone was wondering why an appeal is double it's because the lawyer actually has to work.

You started with a wrong assumption. this is fucking marijuana. you need a lawyer always. there is no simple situation if you're going to court over it. Maybe simple for a lawyer -- not simple for you Not dogging on you just saying you need to change your mind frame about marijuana. There are a LOT of police against it and happy to fuck with you over it no matter how legal you may be and you can't expect a judge to be different a lot of them are against it too. It's fucked up for sure but that's the way it is.

Just a note not saying you should do it but having the state ID card is supposed to prevent this from happening. They pretty much don't even have to verify your recommendation if you have that, and the state AG says you shouldn't go to court if you're within limits (8oz). Course you gotta have your card with you for that to be effective

Traffic court is always a shakedown. The judges are after your money as much as the police are, it's a racket. How did you think decriminalization saved them money?

ReefBongwell said:

Just a note not saying you should do it but having the state ID card is supposed to prevent this from happening. They pretty much don't even have to verify your recommendation if you have that, and the state AG says you shouldn't go to court if you're within limits (8oz). Course you gotta have your card with you for that to be effective

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I just cannot recommend that anyone pay to put themselves on file with the State government as a person that is willfully defying Federal drug laws.

Abraham Lincoln Had It Right - “He who represents himself has a fool for a client” ... Especially when one is being prosecuted for a crime....

Always get a Lawyer. Sorry Bro!

rrReagaN said:

I now keep a photocopy of my paperwork in my wallet even though I read a photocopy isn't completely legit but it couldn't hurt.

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The doc I went to said that the rec that counts is the one with the docs signature and original seal or stamp.( I have not verified this so don't quote me on it. ) So he gives TWO recs. The original one on a full sheet of paper, and another on a smaller paper that he also signs and stamps. "One for home, one for wallet." he said. I have not had to test it out, thankfully.

I get two full sized ones..and if i need extras or duplicates they are free for the entire year my rec is good.

West Coast Comatose said:

i def say appeal

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if it were me and I didnt pay too hefty of a fine, Id just say fuck it. Im not gonna get worked up over less then a gram and a fine. I know its more than just that though, but for me it would not be worth my time and effort, just to say I wasnt in the wrong. I hate sitting through court and dealing with all that dumb shit, is it complete bullshit that you got arrested and charge yes, but are you really gonna spend a good amount of your own personal time, and money(for a lawyer, which is gonna be a shit ton more than that fine)for something so small. Forget about it and move on, its not worth the effort, save your energy for a bigger battle

I have been to court several dozen times in my lifetime over petty crap. I have ZERO convictions. You must know how to work the system and the easiest way that I have found is this. When asked about your representation calmly say,

"I am going to retain an attorney when I get this into Superior Court and can present the case in front of a jury. At this point it is a waste of my money to bring an attorney here for something I can easily handle myself."

1, no judge wants their decision over-turned. 2, the DA does not want to lose a case. They would rather dismiss than lose. 3, The DA does not want to spend the time wasting a couple of days going through jury selection and everything involved with a jury case over petty bullshit. This makes them look bad to everyone involved.

I have done this dozens of times for all sorts of petty things I have done from speeding tickets to fighting in the bars and gotten the case dismissed at the district court levels. Don't let them push you around and let them know you are willing to go the distance with this and waste everyone's time who is involved just to prove your point. You will get dismissed 99.9% of the time unless the DA knows you are fucking his wife or something.

Learn how the system works and use it to your advantage. Getting petty cases dismissed are one of the easiest things on the planet to do. Only 1 in 12 people who are arrested ever get convicted in the US. The other 11 are either acquitted, plead out, or have the case tossed.

It's almost like cannabis hasn't been decriminalized and all that's happened is that the cops have the OPTION of looking the other way if you're super nice to them and they don't want to bother with you. That's more or less how it's been in this country for decades.

If u live in cali go get a card from patient
Id center it is acceptable statewide if u don't have ur rec ON u u deserve whatever u get

It's all in the code. Codes are used in times of war. Below is what happens in citation cases based on your pleadings in the state of California.
PENALCODE
SECTION853.9

853.9. (a) Whenever written notice to appear has been prepared,delivered, and filed by an officer or the prosecuting attorney with the court pursuant to the provisions of Section 853.6 of this code,an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere." If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than"guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. (b) Notwithstanding the provisions of subdivision (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and,if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may,at the time of arraignment, request that a verified complaint be filed.

So I will break each scam down starting with the first one.

1. "guilty" or "nolo contendere."Anyone can confess, even to an air ball and that is what a citation is. At least the ones their issuing.
2. "If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint." Can't have a jury trial with a citation and that violates Article III section 2 of the United States Constitution. “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.”
3. "(b) Notwithstanding the provisions of subdivision (a) of this section." In other words from here on is more BS! You can only plead guilty or nolo contendere.
4. "by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear." Did you waive your right to a verified complaint in writing? A verification is done under penalties of perjury before someone authorized to give oaths. Under reason and belief is hearsay and does not meet the rules of evidence (Strike).
5. "If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed." The word “may” is discretionary and the word “shall” is mandatory. Do you see the word “shall”? But you are more than welcome to volunteer, no law against that...Just step forward! You “may” if you want.

The black robed super lawyers are a fraud. They get a piece of the pie (fee) put into a retirement trust. It's in a trust so they can claim there is no conflict of interest. He blew through you because he knew you would not challenge him by objection therefore not a threat on appeal. A lawyer would never expose the cash cow, it's a multi-billion dollar racket. So don't depend on one of those crooks to piss of a judge on the verified complaint issue. But he choked on procedure. He has nothing authorizing him in writing to go forward with a citation. The problem is silence is acquiescence and that's how he went forward. Not following procedure violates your rights and leads to a Void Judgment.

Void Judgment. As the such void judgments or orders, the normal rule that "the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order" ( § 916, subd. (a)) does not apply. "[A] court may set aside a void order at any time. An appeal will not prevent the court from at any time lopping off what has been termed a dead limb on the judicial tree -- a void order." (MacMillan Petroleum Corp. v. Griffin (1950) 99 Cal. App. 2d 523, 533 [222 P.2d 69]; accord: People v. West Coast Shows, Inc. (1970) 10 Cal. App. 3d 462, 467 [89 Cal. Rptr. 290]; Svistunoff v. Svistunoff (1952) 108 Cal. App. 2d 638, 641-642 [239 P.2d 650]; and see: 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 7, pp. 4024-4025.)

I would do both. Appeal, probably not a chance in hell, but he did lack subject matter jurisdiction and maybe persona without the complaint and that is a void. Just like the case cite says you can do both at the same time. In my opinion.

Why don't u pay all the fines then take the judge to small claims court its u the defendant and a mediator