Got caught growing, havent been charged

[bjmcd]

First off I unfortunately live in Mississippi

So I was growing 17 pot plants hydroponically in my attic. The cops saw me at the hydroponics store and knew something was up by the equipment I was buying. They stopped by my house and asked me if they could come in. Long story short they got a warrant after I said some wrong things.

The plants were all immature and had no bud. Also they have no evidence that I was selling it. I honestly wasn't selling it, I make fine money but do not like to spend $100 a quarter ounce every two weeks.

They took all my stuff and have a great case against me. The only thing is I haven't been charged. This all happened almost 6 months ago. They took me to the station after they finished searching my house. They got me to sign a confession to it all. Took me home. Never arrested me.

Why haven't I been charged? Does the fact that the plants were immature and had no bud help me out?

I paid a lawyer a $1000 dollar retainer to try to get it squashed before anything happened. The deal is if I get charged I pay him another $6500 to defend me. He hasn't done anything since I paid him. He does not want to push the issue. He thinks if we remind them then they will act on it.

I just keep making one bad decision after another. All I wanted was to live my life and smoke my own pot. I hope someone has some advice for me.

Thanks for taking the time to read this. Any advice will help.



BM

 

[outonbail]

You have a local hydroponics store?

Do the police operate the store as a front to bust people growing pot, or were they just shopping there themselves on the day they saw you buying equipment?

My advice is either move out of Mississippi and to a more pot friendly state, or stop smoking weed.

However, any state you move to is going to arrest you for growing your own. Although I believe that California is allowing people who hold a medical marijuana card to grow their own now. It's all really a game though, since you only have to claim that the marijuana helps some made up medical condition to have a doctor issue you a note and approve you for a medical marijuana card.

Probably be a long time before Mississippi follows California's lead when it comes to dealing with MJ.

 

[bjmcd]

Right, very good advice. But what about the questions I posed above.

Why haven't I been charged? Does anyone know why they wouldn't just get this one off the books and charge me.

 

[cyjeff]

A medical MJ license does allow you to grow a small amount in CA now.

Cases take time to build. I would doubt you were the only small grower caught and/or they are still watching you to see if you are stupid enough to start your operation up again/who your current source is/who you sell to.

I gotta ask... how is your "don't want to pay $100 every two weeks" plan working out so far?

 

[quincy]

Just a note: Michigan has followed California's lead in passing a medical marijuana law, and now qualified individuals are allowed to "grow their own."

 

[bjmcd]

I gotta ask... how is your "don't want to pay $100 every two weeks" plan working out so far?

Not too well.

 

[smutlydog]

First off I unfortunately live in Mississippi

So I was growing 17 pot plants hydroponically in my attic. The cops saw me at the hydroponics store and knew something was up by the equipment I was buying. They stopped by my house and asked me if they could come in. Long story short they got a warrant after I said some wrong things.

The plants were all immature and had no bud. Also they have no evidence that I was selling it. I honestly wasn't selling it, I make fine money but do not like to spend $100 a quarter ounce every two weeks.

They took all my stuff and have a great case against me. The only thing is I haven't been charged. This all happened almost 6 months ago. They took me to the station after they finished searching my house. They got me to sign a confession to it all. Took me home. Never arrested me.

Why haven't I been charged? Does the fact that the plants were immature and had no bud help me out?

I paid a lawyer a $1000 dollar retainer to try to get it squashed before anything happened. The deal is if I get charged I pay him another $6500 to defend me. He hasn't done anything since I paid him. He does not want to push the issue. He thinks if we remind them then they will act on it.

I just keep making one bad decision after another. All I wanted was to live my life and smoke my own pot. I hope someone has some advice for me.

Thanks for taking the time to read this. Any advice will help.



BM

I said some wrong things.

This makes all the difference in the world with a bust like this. What did you say? The plants were immature so we can possibly throw out any hint of a strong odor. You were probably given a copy of the search warrant.What about probable cause. Somewhere in the text it has to include that. I hope you didn't tell them you were growing dope and that you would show them where it is.

Also, sometimes how much pressure they used to get permission from you sometimes makes a difference. If you indeed gave them permission. You had to of felt you had a choice.

 

[bjmcd]

Heres what happened.

It went roughly like this

Cops: We have reason to believe your growing.

Me: Nope, not growing.

C:Can we look come in and look then well be on our way.

M: Nope, cant come in.

C: Why, if your not growing then it should be no problem.

M: Don't want to I have a big dog.

C: Put the dog up then.

M: Nope

C: Why not

M: I don't know, don't want to

C: Listen, you look nervous. blah blah show us your not growing and well go.

Here is my big **** up

M: Listen I'm not growing. I don't want to let you in because (thinks for a second)**************...I smoked pot earlier. (WTF, like that is gonna get them to lay off)


Then they ask to come in some more. I say no. They say "we can just go get a warrant". I say go do that then and turn to walk in, one guy tries to come in. I say no you can't come in but it's too late. I gave them probable cause and 2 cops sit and wait with me in my living room until the commander finally comes back with the warrant. Then a team of cops search my house top to bottom and find my plants in the attic.

Like I said before I wasn't selling anything and they were on to my grow because they saw me at the hydroponic store. They even told me this and told me what I was driving when I went there.

Because of the fact that I wasn't selling they found $0 and no evidence to my knowledge to suggest I was selling.

Thats the story, I know I made insane mistakes. I don't give a **** about what I should have done. I knew before and know now things I should have done. I am no malicious criminal that has a disrespect or disregard for the law so I freaked out when the narcotics squad was at my door. I knew it might happen one day and tried to plan what I would do in the case it did. What really happened is I got flush and started sweating. I was obviously scared ****less just to have them there.

My main question out of all this is why haven't I been charged after 6 months. I doubt they are watching and investigating me because it would be pointless. After 6 months they would realize the buck stopped with my plants they busted.

 

[smutlydog]

Heres what happened.

It went roughly like this

Cops: We have reason to believe your growing.

Me: Nope, not growing.

C:Can we look come in and look then well be on our way.

M: Nope, cant come in.

C: Why, if your not growing then it should be no problem.

M: Don't want to I have a big dog.

C: Put the dog up then.

M: Nope

C: Why not

M: I don't know, don't want to

C: Listen, you look nervous. blah blah show us your not growing and well go.

Here is my big **** up

M: Listen I'm not growing. I don't want to let you in because (thinks for a second)**************...I smoked pot earlier. (WTF, like that is gonna get them to lay off)


Then they ask to come in some more. I say no. They say "we can just go get a warrant". I say go do that then and turn to walk in, one guy tries to come in. I say no you can't come in but it's too late. I gave them probable cause and 2 cops sit and wait with me in my living room until the commander finally comes back with the warrant. Then a team of cops search my house top to bottom and find my plants in the attic.

Like I said before I wasn't selling anything and they were on to my grow because they saw me at the hydroponic store. They even told me this and told me what I was driving when I went there.

Because of the fact that I wasn't selling they found $0 and no evidence to my knowledge to suggest I was selling.

Thats the story, I know I made insane mistakes. I don't give a **** about what I should have done. I knew before and know now things I should have done. I am no malicious criminal that has a disrespect or disregard for the law so I freaked out when the narcotics squad was at my door. I knew it might happen one day and tried to plan what I would do in the case it did. What really happened is I got flush and started sweating. I was obviously scared ****less just to have them there.

My main question out of all this is why haven't I been charged after 6 months. I doubt they are watching and investigating me because it would be pointless. After 6 months they would realize the buck stopped with my plants they busted.

M: Listen I'm not growing. I don't want to let you in because (thinks for a second)**************...I smoked pot earlier. (WTF, like that is gonna get them to lay off)

I am no so sure that would be enough for a search warrant. At least not in Texas where I am and I still don't understand what gave them the right to barge in before getting the search warrant. I have personal but not legal experience with a case like this but I don't think it's as clear cut as you believe. I do know they normally rely on 2 forms of evidence to get a search warrant for a case like this.

Possibly 2 forms of evidence:

1. They saw you buying legal grow equipment
2. You admitted to smoking dope earlier

I am not so sure

If they file this case your attorney needs to file a motion to suppress the evidence. In other words he needs to fight to get this search warrant thrown out.