Upcoming Pretrial - misd. possession of pot

[zao]

What is the name of your state (only U.S. law)? MICHIGAN

Charge is possession of marijuana - 1st offensive- approx 1 gram possessed when I got pulled over
Ive been in front of the judge for an arraignment a couple weeks back. She denied my request for court appointed atty because, although I am unemployed, I told her I have savings of approx $10,000. Unfortunately I have been forced to spend a lot of money on medical services lately because I was involved in a car crash a month ago and have been paying out of pocket. I am in a position where I can't afford to get an attorney on my own. My pretrial is set for tomorrow morning - I know this is last minute but I was hoping someone could share some advice on the best way to approach this situation.
Thanks much.

 

[StevenJ_420Law]

I would ask for another continuance.

Specifically, I would google around until I found a michigan motion to continue.

You have a perfectly legit reason to continue. You need to lay it out for the judge in writing in a motion and then you youre going to have to make some decisions. The people will likely not even oppose it.

 

[zao]

I would ask for another continuance.

Specifically, I would google around until I found a michigan motion to continue.

You have a perfectly legit reason to continue. You need to lay it out for the judge in writing in a motion and then you youre going to have to make some decisions. The people will likely not even oppose it.

Thanks for the quick reply-

Unfortunately I don't have time to do that, I mean I could fax a letter first thing in the morning, but I must be there at 10 am and it's out of town (about a 70 minute drive). Is a well written letter good enough, or do I need official, state-specific paperwork?

Curious what you meant by this part - "and then you youre going to have to make some decisions."

Thanks again.

 

[StevenJ_420Law]

WhaI didnt say anything about faxing anything. At a minimum I would go there and tell the judge whats going on in plain English and ask him for more time at a minimum if you need it.

What I meant by decisions are you either need to obtain your attorney or represent yourself. You can ask the judge again for a PD as well.

 

[zao]

WhaI didnt say anything about faxing anything. At a minimum I would go there and tell the judge whats going on in plain English and ask him for more time at a minimum if you need it.

What I meant by decisions are you either need to obtain your attorney or represent yourself. You can ask the judge again for a PD as well.

Sounds good, I will go in person and hope for the best.
What's the worst that can happen, though? What if the judge denies my request?

Thanks again

 

[StevenJ_420Law]

This is pretty routine stuff. This aint the OJ Simpson trial.

 

[StevenJ_420Law]

Oh, sorry .. the worst thing that can happen tomorrow is he can set it for trial.

If you plead, it will be over. THe prosecutor is going to offer you something tomorrow, bank on it

If you dont plead, he'll set it for trial or grant you a continuance (most likely)

 

[zao]

Excellent - yeah, I'm hoping to get this over with ASAP, as long as a plea deal doesnt involve jail time, and i doubt it will considering the circumstances

 

[zao]

Turned out well. Got a PD and about a 3 week extension on pretrial. Now if I could only figure out how to get the medicinal pot card..

Thanks for the help sir!

 

[zao]

Stephen J - a follow up question or 2, if you don't mind sharing some more of your insights...

I was given a public defender at my last pretrial. Pretrial was rescheduled for yesterday. PD got my possession charge pled down to use of marijuana. i believe this is a max $500 fine / max 90 day charge. The PD tells me i will probably have to serve 5 days. I did a double take. This is my first offense, I had less than a gram of weed on me, and i was completely cooperative with the arresting officer. Just from people I know, I never hear about someone with a possession charge (not a use charge) getting time on a first offense. Probation 6-12 months + fines... I dont know anyone whos served time on a first offense pot possession charge in Michigan.
SO the PD goes and speaks to the prosecutor again for me. She says yes you will definiltely get 5 days. I go ahead and plead to the use charge anyway because there's I can imagine no way Im getting a lesser charge than use.
I speak to the PD again afterwards about a certain medical problem I have. I was hit by someone in a 45 MPH intersection head on 2 months ago, suffered a neck/back injury and have going to physical therapy since with little or no relief. Ask the PD if theres any chance the judge will show leniency on the jail time sentence due to this. He asks me to get a copy of the police report of the accident as well as my physical therapy info (proof of injury, essentially). This isnt a BS excuse. I wake up every 20 minutes on my own bed which is fantastic. I cant even begin to imagine what would happen to my neck on a 3 inch rubber mat.

Well long story short I got all that together, I guess the main question is (finally) -
Should I be looking to get a real attorney at this point? Because I can help but feel I am getting screwed by the PD + prosecutor here. (for example, when i showed up for pretrail the first time and didnt have a lawyer or a PD, the prosecutor refused to give me a reduced charge) Again, I dont know a single person who served time on a first possession charge, especially on half a gram

BTW I have a presentence investigation meeting with the probation officer in about 2 weeks. Sentencing date is set for about 5 weeks from now.

Sorry this was so long winded - your input is much appreciated Stephen!

 

[StevenJ_420Law]

I am completely baffled at that sentence. I am not familiar enough with MI law to even comprehend that that is an appropriate sentence. The fact you are getting a presentencing. prob report on a case like this is beyond my understanding of the administration of justice because it simply never happens. It wouldnt happen if you had 2 ounces in CA...we live in different places. Reefer madness is on the decline here. Wow, I can't believe the tax payer money they throw away over nothing. MI must be a very wealthy state.

Yes I would definitely talk to a "real" lawyer. 5 days is neanderthalish IMO. See what they say. Good luck. I wish I could help. You can still probably withdraw your plea so I doubt its too late.

 

[zao]

I am completely baffled at that sentence. I am not familiar enough with MI law to even comprehend that that is an appropriate sentence. The fact you are getting a presentencing. prob report on a case like this is beyond my understanding of the administration of justice because it simply never happens. It wouldnt happen if you had 2 ounces in CA...we live in different places. Reefer madness is on the decline here. Wow, I can't believe the tax payer money they throw away over nothing. MI must be a very wealthy state.

Yes I would definitely talk to a "real" lawyer. 5 days is neanderthalish IMO. See what they say. Good luck. I wish I could help. You can still probably withdraw your plea so I doubt its too late.

michigan is the opposite of wealthy at this point. we are one of the poorest states in the last decade or so and the county my case is in is dirt poor. in 2008 a medical marijuana law passed here, not that it really has any bearing on this case, but wasnt sure if you knew that. i will definitely be contacting a lawyer soon. thanks again for your help!

 

[Zigner]

michigan is the opposite of wealthy at this point. we are one of the poorest states in the last decade or so and the county my case is in is dirt poor. in 2008 a medical marijuana law passed here, not that it really has any bearing on this case, but wasnt sure if you knew that. i will definitely be contacting a lawyer soon. thanks again for your help!

Stephen seems to like to guess about things that he really has no clue about...

 

[StevenJ_420Law]

michigan is the opposite of wealthy at this point. we are one of the poorest states in the last decade or so and the county my case is in is dirt poor. in 2008 a medical marijuana law passed here, not that it really has any bearing on this case, but wasnt sure if you knew that. i will definitely be contacting a lawyer soon. thanks again for your help!

I've read some of the michigan MMJ stuff, in fact I think recently the cops thrashed a legit growers equipment and took some well deserved heat, as well they should .. and now they are apparently reviewing their thrash first ask questions later policy. Medical MJ takes a few years to get going in ernest once passed. In Ca its been over 14 years and still experience significant "growing" pains.

Definately worthwhile to check with an attorney.. at least a 15 min consult. Good luck with your case.

 

[zao]

Update - your feedback please, StephenJ-

just had a presentence meeting with the probation officer or whatever her title was

insated of the 5 day sentence they want to give me 10. completely laughable. 500 and some odd dollars in fines.

afterwards went to a local bar where a bartender gave me the card of a big city lawyer who apparently knows the magistrate very well. he comes up from the detroit area for these cases once in a while. so i gave him a call. he said that if i submitted a plea in the presence of the attorney it is highly unlikely that the judge will allow me to withdraw my plea. so, despite the fact that this is a first offense, that i was highly cooperative w the arresting officer, that i had less than a gram of weed, that i was not intoxicated when i was pulled over, due to the fact that i got pulled over in BFE and a bankrupt county they want to give me 10 days and there appears to be nothing i can do it about
i tried to make the case to my PD that due to a high speed headon collision car accident i was involved in a few months back (in which i was not at fault if it matters), an accident which i am currently receiving regular physical therapy and doctors visits to address, there is no way in hell i can get a minute of sleep on a 2 inch rubber mattress. after explaining this to him at my arraignment i promptly sent him copies of all relevant materials including police report of the accident, physical therapy records, doctors records etc. seems like this guy couldnt give less of a **** because he wont return my phone calls. not a surprise obviously.
also in michigan there is a law called 7411. this is for first offense possession of mj cases. my PD talked to the prosecutor about my eligibilty for this, and the prosecutor told him that due to the fact that i had a drunk driving (10 years ago i might add) that i am not eligible for 7411. this just reeks of bull****.
as it stands my sentencing is 3 weeks from now. since it seems i cant w/d my plea only other idea i have to possibly sway the judge in my favor is to collect signatures from AA meetings (been in recovery for the better part of a decade with a few slips here and there) and also to procure some recommendation letters from friends of mine in AA/NA who will put in a good word for me.
would love to hear your thoughts on this Stephen as you have been a great help to me. thanks.