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Old 08-21-2008, 07:44 PM
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Join Date: Aug 2008
Posts: 2
Unhappy Need Help scared

Hi I'm totally new to this.

Our Situation is that the Police came to our home and found Marijuana which was ours for Personal use ( Not Disputing it is Illegal )

We were not arrested or Read our Miranda Rights. We were told that we'd receive a notice in the mail if charges would be Brought against us and if we had to go to court we remained in the same Apartment for 9 months and never received anything from the court.

We were informed by a friend that I only had a Bench warrent for $900.00 Failure to appear

We never got anything from the courts.

I am Disabled and Have a Condition called Agrophobia ( Fear of Leaving Home and for Me to go to Jail on these charges I may as well commit suicide as the Police insisted we were selling the Marijuana Which is not True it was for Personal use only. There was abt. a Quarter pounds worth if that as when we obtain it it was once a Month and did not use it all at a time but since we could only get it once a month for severe pain in My Neck and Shoulders it sometime added up but We Never sold any to anyone.

I did have a Digital Postal scale as I did A home mailing program so had to weigh Packages.

I am concerned abt. how to deal with these charges since they are only partially accurate?
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Old 08-24-2008, 01:52 PM
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Join Date: Nov 2006
Posts: 1,620
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Quote:
Originally Posted by GraceBlancke View Post
Hi I'm totally new to this.

Our Situation is that the Police came to our home and found Marijuana which was ours for Personal use ( Not Disputing it is Illegal )

We were not arrested or Read our Miranda Rights. We were told that we'd receive a notice in the mail if charges would be Brought against us and if we had to go to court we remained in the same Apartment for 9 months and never received anything from the court.

We were informed by a friend that I only had a Bench warrent for $900.00 Failure to appear

We never got anything from the courts.

I am Disabled and Have a Condition called Agrophobia ( Fear of Leaving Home and for Me to go to Jail on these charges I may as well commit suicide as the Police insisted we were selling the Marijuana Which is not True it was for Personal use only. There was abt. a Quarter pounds worth if that as when we obtain it it was once a Month and did not use it all at a time but since we could only get it once a month for severe pain in My Neck and Shoulders it sometime added up but We Never sold any to anyone.

I did have a Digital Postal scale as I did A home mailing program so had to weigh Packages.

I am concerned abt. how to deal with these charges since they are only partially accurate?
A few questions:

First, you state the police came to your home and found drugs. They didn't just happen to be driving by and stopped. Did they have a search warrant? or were they there pursuant to another call? In other words, how did they know you had drugs, and how did they know to come to your home? An informant? Or were they at your home for some other reason, like a noise complaint, and they happened to see the drugs?

Secondly, you state: "There was abt. a Quarter pounds worth if that as when we obtain it it was once a Month and did not use it all at a time but since we could only get it once a month for severe pain in My Neck and Shoulders it sometime added up but We Never sold any to anyone." This seems to imply they found a quarter of one pound, but your next sentence implies more "sometime (sic) it added up". How much did they find in your house?


Thirdly, how did your friend find out you had a bench warrant?

Also, unfortunately, mental illness does not preclude you from being prosecuted. To put it plainly, the court doesn't care if you have agoraphobia----they can and will still arrest you and put you in jail if you are found guilty.

Regarding the charges being 'partially accurate'---you deal with this the way you deal with any criminal charges--you go to court, and defend yourself through an attorney or on your own. An attorney can assist you in pleading, if that is an option ( since you admit part of the charges are true). Perhaps the DA will allow you to plead to those that are true and drop those that are not.

I am not making any judgment regarding the why or how of drug usage, nor am I supposing why you had it or what you were doing with it. That is for a court to decide. However, at this time, marijuana is illegal in most jurisdictions--as it apparently is in yours. That being the case, you really need an attorney who can present your medical as well as legal situation in the best possible light. One thing I wanted to mention, too---you state you have a warrant for failure to appear? Stating you didn't know you had an order to appear, and then stating you have a condition which keeps you from leaving the house may appear a contraindication to the court. Of course, your attorney will know best how to address that issue. The circumstantial evidence against you is appreciable.

I wouldn't advise proceeding without the best attorney you can find.

Good luck.

Last edited by GentleGrace : 08-24-2008 at 02:10 PM.
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