I got raided for growing medical marijuana

[notguilty!!]

I'm in southern California I had an outdoor grow of 25 plants I also a shutdown indoor growroom with 4 1000 watt lights I had 5 plants hanging in the room.

Anyway they raid me and they charge me with 90 plants how they get 90 from 29 I don't know they got a scale maybe a pound of dry bud but it wasn't manicured they took $3500 that was my sisters and had nothing to do with me they took my moms shotgun it was fully loaded with 1 in the chamber and leaning on the wall by that's becuz she ****ed it when she heard people trying to enter and put it down when they identified themselves, they got 2 co2 tanks and tfats about it.

So I get busted and they charge me with sales and cultivation hs11358 and hs11359 j bail out 50000 cost me 5000 they set my court date in 2 weeks which was the other day and I showed up and my name wasn't on the roster so I go to the clerks office and they tell me the DA hasn't filed and that they'll hold my bond for 15 more days, now I don't know what that all really means if it means its gonna be a DA reject or what? What you guys think?

 

[CdwJava]

I'm in southern California I had an outdoor grow of 25 plants I also a shutdown indoor growroom with 4 1000 watt lights I had 5 plants hanging in the room.

How is that "not guilty" as your thread title implies???

So I get busted and they charge me with sales and cultivation hs11358 and hs11359 j bail out 50000 cost me 5000 they set my court date in 2 weeks which was the other day and I showed up and my name wasn't on the roster so I go to the clerks office and they tell me the DA hasn't filed and that they'll hold my bond for 15 more days, now I don't know what that all really means if it means its gonna be a DA reject or what? What you guys think?

It probably means that they are still investigating or awaiting some tests of the substance. Do NOT count on the DA dropping it. He may choose not to file right now, but unless he has some serious problems with the search or the arrest, chances are he will come back and file later on.

- Carl

 

[indian216]

Call the DA's Office

Why stress you already have enough on your mind! Call and find out what the status is in his office. However, I must tell you even though you have a medical need, you still need to get permission to cultivate a drug. Even marijuana is used for medical purposes now in days it is only through doctors perscription's and you must retain that proof. It doesn't mean go grow it. have you been given a free attorney.

 

[notguilty!!]

I guess I shuda elaborated on why I'm not guilty I have a medical recomendation for marijuana and under California law voted in by 56% of voters in 1996 prop 215 and sb420 state that a qualified patient or primary caregiver may possess 8 oz of dried marijuana and grow 6 mature or 12 imature plants per liscence it also stated that these are just guidelines and may be increase if the physician sees fit or if the county or city decided to raise the limit but the limit cannot be lowered under what is stated in the law.

Now I have a liscence my roomate and my aunt do as well not to mention I'm part of a growers coop with 12 other med patients which us also allowed by the compassionate use law.

And that's why I'm not guilty I'm 28 without a record for a reason its because I'm not a criminal my liscences were posted they should have just left when they saw things was in order. But they didnt they just lied about the amount of plants! That's criminal! But that's our law enforcement for ya dirty as ever!

 

[Antigone*]

Why stress you already have enough on your mind! Call and find out what the status is in his office. However, I must tell you even though you have a medical need, you still need to get permission to cultivate a drug. Even marijuana is used for medical purposes now in days it is only through doctors perscription's and you must retain that proof. It doesn't mean go grow it. have you been given a free attorney.

Oh that's great advice Sure, you are going to tell a pothead to call the district attorney. The DA will have this guy for lunch.

No, if the OP wants to call anybody, he should call a defense attorney.

 

[CdwJava]

I guess I shuda elaborated on why I'm not guilty I have a medical recomendation for marijuana and under California law voted in by 56% of voters in 1996 prop 215 and sb420 state that a qualified patient or primary caregiver may possess 8 oz of dried marijuana and grow 6 mature or 12 imature plants per liscence it also stated that these are just guidelines and may be increase if the physician sees fit or if the county or city decided to raise the limit but the limit cannot be lowered under what is stated in the law.

Do you have the state issued DHS card, or just the "recommendation" from the doctor?

It is the DHS card that grants you some immunity, the recommendation still allows them to prosecute unless you have also complied with H&S 11362.77 and 11362.775. Your charges are for sales or distribution, this implies they have evidence that this is for something other than personal use. And unless you are a primary caregiver as described under the law, you can't give it away to others.

Now I have a liscence my roomate and my aunt do as well not to mention I'm part of a growers coop with 12 other med patients which us also allowed by the compassionate use law.

Then if you have the appropriate paperwork, and the state cannot show proof of sales or proof that you had more plants than allowed, then you should come out just fine.

- Carl

 

[outonbail]

bail out 50000 cost me 5000 they set my court date in 2 weeks which was the other day and I showed up and my name wasn't on the roster so I go to the clerks office and they tell me the DA hasn't filed and that they'll hold my bond for 15 more days, now I don't know what that all really means if it means its gonna be a DA reject or what? What you guys think?

I don't know where you are in So Cal, but I know of two separate cases here in Riverside, where people were arrested, posted bail through a bondsman and when they appeared for their arraignment, they were not on the calender.

They returned the following month and were again not on the calender. The judge ended up exonerating their bonds and they left the courthouse believing the case was over and done with.

One week later, the police showed up at their homes and arrested them again, for the same charges, claiming the DA had filed on the case earlier that day.

They were again required to post bail, since the original bonds were exonerated. I know in one of the cases the bail was 60,000.00 each, for two people, husband and wife. So they paid out twelve thousand dollars to get released from custody, only to be arrested nine weeks later, for the same incident, which cost them another twelve thousand dollars in bond fees, to bail out a second time.

If you have an attorney, ask him to request for the bond to remain in effect for the same amount of time which the state has to file the charges on you for this incident. This can and probably will save you from having to dish out another $5,000.00.

I personally don't believe these cases just happen to get filed after the bonds are exonerated by accident.

When the police search your home they see all of your bank statements and financial records. They know if you can afford to bail out and hire a good attorney or not.
Even if a good attorney keeps you from being convicted, this appears to be one process which the police and DA know will still make sure you pay dearly for just being in the game.

Do Not Allow the Court to Exonerate Your Bond in Fifteen Days!

 

[CdwJava]

Outonbail, the police and the DA are not getting a percentage of the bondsman's fees. If the case is taking a longer time to put together than they thought, it has nothing to do with the bond and everything to do with the investigation or the speed of the DA in processing it.

It may well be a good idea to ask to extend the bond, but there is no collusion between the DA and the bondsmen of the county.

- Carl

 

[outonbail]

Outonbail, the police and the DA are not getting a percentage of the bondsman's fees. If the case is taking a longer time to put together than they thought, it has nothing to do with the bond and everything to do with the investigation or the speed of the DA in processing it.

I think you misunderstood my post Carl. I was not suggesting that the police are getting anything from the bondsmen. In fact, the police are not receiving anything in the way of monetary compensation from anyone.

I was suggesting that it is a way to deplete a good chunk of change from a suspects bank account. Money that could otherwise be going toward a good defense lawyer.

I brought this up because it is something which seems to be happening with more and more frequency. At least here in Riverside county.

I can assure you that most defendants, when they learn that the DA has not filed the case and the judge then exonerates their bond, believe that the case was dropped and that is all they will ever hear of it.
Unfortunately, many get a big surprise, when a week or two later they are arrested again when the DA does file the case. They are in for a big expensive surprise when they have to pay 10% to a bondsman all over again, to get a new bond, for the same case they have already bailed out on.

Anyone who bails out of jail by paying a substantial amount of money to a bail bondsman, is a fool if they allow the bond to be exonerated prior to the time limit the DA has to file on the case, running out.
Sadly I don't believe many people are aware of this.

Also, I am referring to Riverside County and our DA's questionable tactics. There is currently an ongoing federal investigation of our DA and I can assure you it is not because he runs a tight ship,,,,,
Something like 63 seasoned deputy district attorney's have left our DA's office. Many for lower paying jobs and a couple even went to the other side and now work as public defenders.
There is also at least one attorney who has filed a civil suit against her boss for his questionable treatment of his own people.
Even the Riverside Sheriff department has nothing good to say about the self appointed God of Riverside's judicial system.

It may well be a good idea to ask to extend the bond, but there is no collusion between the DA and the bondsmen of the county.

- Carl

Agreed.

 

[justalayman]

In fact, the police are not receiving anything in the way of monetary compensation from anyone.

I

I know Carl would work for nothing due to his dedication but I suggest the police are getting money from somewhere. Paydays without money...well, they just wouldn't be paydays now, would they?

just kidding ya.

 

[CdwJava]

Obviously I cannot say whether this is an active strategy of the Riverside DA (to deplete available funds), but I can say from first hand experience that such delays are not all that uncommon in other counties as well and I can guarantee you that this is not a consideration in those counties where I DO have intimate first hand knowledge.

- Carl