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alex37211
Newbie


Registered: 01/31/10
Posts: 72
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need some legal advice
#12619083 - 05/24/10 09:47 AM (13 years, 11 months ago) |
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Okay so I got narced on for growing. But I got the heads up and ditched all of it before the cops showed up. What I kept was the tubs, lights, perlite, etc. Oh and a gram scale. I figured they couldn't get me on this stuff. I wasn't sure about the spore syringe in my fridge. They found it and claimed I was breaking the law. Something about "intent to manufacture a schedule 1 controlled substance". I got locked up and am now out on bail awaiting trial. Oh and they took my pistol which I bought legally and they are trying to charge me with "felony weapons" which I totally don't understand. They confiscated all the equipment and my guns and money. I told them I was growing oyster mushrooms but they didn't believe me. How difficult is it to analyze spores and can I win this case? Thanks.
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Doc_T
Random Dude




Registered: 03/06/09
Posts: 42,395
Loc: Colorado
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Re: need some legal advice [Re: alex37211]
#12619098 - 05/24/10 09:50 AM (13 years, 11 months ago) |
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Get a lawyer. A good one.
Who narced you out?
-------------------- You make it all possible. Doesn't it feel good?
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alex37211
Newbie


Registered: 01/31/10
Posts: 72
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Re: need some legal advice [Re: Doc_T]
#12619138 - 05/24/10 09:58 AM (13 years, 11 months ago) |
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I'm meeting with a lawyer today. I was narced on by some one who I considered a friend. Crazy bitch. TRUST NO ONE!
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fungus_tao
Hah Zah!



Registered: 05/10/06
Posts: 1,856
Loc:
Last seen: 6 years, 7 months
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Re: need some legal advice [Re: alex37211]
#12619304 - 05/24/10 10:31 AM (13 years, 11 months ago) |
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You shouldn't have said you were growing oyster mushrooms. It's easy to tell the difference between spores under microscope. Admitting that you were trying to grow oyster mushrooms while being in possession of p. cubensis spores looks really bad. Spores are legal to possess, buy, and sell. You should have ditched those too if you were not also in possession of a microscope. A good lawyer should be able to get this dropped, but you'll probably still end up having to pay fines, probation, etc.
What a bitch man. That's pretty low of her. I'd make sure to tell everyone I knew that she's a bitch and a snitch.
-------------------- Follow the light The Light is your guide.
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scatmanrav
Brainy Smurf


Registered: 05/08/04
Posts: 11,483
Loc:
Last seen: 11 years, 4 months
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Re: need some legal advice [Re: fungus_tao]
#12619477 - 05/24/10 11:06 AM (13 years, 11 months ago) |
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You could have grown edibles while doing microscopic research on the one that you couldnt grow, because they are illegal. Being interested in mushrooms isnt illegal.
They have not just spores (legal) but growing supplies too, thats why they can try and get you for attempted cultivation.
And if you have a gun involved in drugs, even if the gun is legal..it because a crime.
I agree with getting a good lawyer....you shouldnt get into to much trouble.
Edited by scatmanrav (05/24/10 11:19 AM)
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J.Dizzle
Stranger


Registered: 04/30/10
Posts: 58
Last seen: 13 years, 11 months
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Re: need some legal advice [Re: scatmanrav]
#12619488 - 05/24/10 11:10 AM (13 years, 11 months ago) |
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not sure why you let cops in your house in the first place. some random girl saying "he has blankityblank" is nonadmissable and in no way grounds for a warrant.
next, even talking to the police was your next big mistake, they will never use anything you say to help you, only to hurt you. noone ever talked themselves out of a manufacturing charge, only the prosecution's lack of evidence will do that, and talking to them only gives them that evidence.
get a lawyer bro.
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alex37211
Newbie


Registered: 01/31/10
Posts: 72
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Re: need some legal advice [Re: J.Dizzle]
#12619622 - 05/24/10 11:40 AM (13 years, 11 months ago) |
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I told the cops I was previously growing mushrooms. I didn't say what kind. Then in the report they made, they wrote "suspect admitted to growing schedule 1 mushrooms". Those bastards.
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J.Dizzle
Stranger


Registered: 04/30/10
Posts: 58
Last seen: 13 years, 11 months
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Re: need some legal advice [Re: alex37211]
#12619642 - 05/24/10 11:43 AM (13 years, 11 months ago) |
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Quote:
alex37211 said: I told the cops I was previously growing mushrooms. I didn't say what kind. Then in the report they made, they wrote "suspect admitted to growing schedule 1 mushrooms". Those bastards.
/facepalm
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stratos
blunt rolling master



Registered: 04/27/10
Posts: 258
Loc: florida!
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Re: need some legal advice [Re: J.Dizzle]
#12619728 - 05/24/10 12:02 PM (13 years, 11 months ago) |
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no...no...no...
i fucking hate the police, man...
shouldnt have talked to them! good money gets a good lawyer, dude. thats about as much as i can tell you 
deny it to your grave.
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ScavengerType


Registered: 01/24/08
Posts: 5,784
Loc: The North
Last seen: 10 years, 6 months
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Re: need some legal advice [Re: stratos]
#12620093 - 05/24/10 01:20 PM (13 years, 11 months ago) |
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also you probibly shouldn't grow again. However growing gourmet and medicinal mushrooms is a pretty interesting hobby.
Edit: Also if your tubs are monos, it is difficult to find a breed of gourmet mushrooms that grow in those parameters. For example a lot of oysters would not grow successfully in them because of their high O2 requirements. Just FYI for getting your story straight, Reishi would be the only ones I can think of that grow in tubs.
Edited by ScavengerType (05/24/10 01:30 PM)
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scatmanrav
Brainy Smurf


Registered: 05/08/04
Posts: 11,483
Loc:
Last seen: 11 years, 4 months
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Id start growing edibles right now, bring some into court with you.
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ScavengerType


Registered: 01/24/08
Posts: 5,784
Loc: The North
Last seen: 10 years, 6 months
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Re: need some legal advice [Re: scatmanrav]
#12620139 - 05/24/10 01:31 PM (13 years, 11 months ago) |
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^^ not a bad idea.
-------------------- "Have you ever seen what happens when a grenade goes off in a school? Do you really know what you’re doing when you order shock and awe? Are you prepared to kneel beside a dying soldier and tell him why he went to Iraq, or why he went to any war?" "The things that are done in the name of the shareholder are, to me, as terrifying as the things that are done—dare I say it—in the name of God. Montesquieu said, "There have never been so many civil wars as in the Kingdom of God." And I begin to feel that’s true. The shareholder is the excuse for everything." - Author and former M6/M5 agent John le Carré on Democracy Now. Conquer's Club
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Shea25
Just some guy



Registered: 01/27/09
Posts: 7,772
Loc: Westcoast Canada
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Reshi can grow in in a monotub
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Mad Hatter 2010



Registered: 04/21/10
Posts: 715
Loc: Down some rabbit hole.
Last seen: 13 years, 8 months
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Re: need some legal advice [Re: Shea25]
#12620202 - 05/24/10 01:44 PM (13 years, 11 months ago) |
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Unless in California,Georgia,or Idaho,P. Cubensis spores are LEGAL.What you should have said is that you had them for microscopy (studying under a microscope).
And you broke the number one rule...DON'T TELL ANYBODY!
Doesn't matter if they're your friend,family member,or even spouse...anyone knowing other then yourself is bad business.
They will have to prove in a court of law that you in fact intended to cultivate the spores,and if there is no evidence of an actual P. Cubensis (or any other active mushroom) grow then they have no evidence saying that you intended to grow the spores out.
The third place you fucked up was talking to the police ....NEVER TALK TO A LEO.Give them the info they need and have the right to...like your name,age,DOB,etc. but never tell them anything more then that.Wait for them to read you your miranda rights,then tell them you want a lawyer,after that say nothing else until you have spoken with a/your lawyer and let the police know that you will not answer any of their questions without talking to your lawyer first nor will you answer any of their questions without your lawyer present.
GL to ya man...you just might need it.
Oh and BTW... not really fair to call the police bastards when you're the one who fucked up.
Quote:
alex37211 said: I told the cops I was previously growing mushrooms. I didn't say what kind. Then in the report they made, they wrote "suspect admitted to growing schedule 1 mushrooms". Those bastards.
-------------------- Grain LC's Damion5050's Coir Tek RR's Rye Grain Preperation Strain Isolation To my haters
Losers always whine about their best,Winners go home & fuck the prom queen!
Edited by Mad Hatter 2010 (05/24/10 01:48 PM)
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moonwalker1
Master Searcher


Registered: 04/08/10
Posts: 84
Last seen: 12 years, 4 months
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Re: need some legal advice [Re: Shea25]
#12620232 - 05/24/10 01:48 PM (13 years, 11 months ago) |
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You must have let them in or something but watch these videos. Doesnt really help you now but good information in here >>>>>> http://www.shroomery.org/forums/showflat.php/Number/11241015
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stratos
blunt rolling master



Registered: 04/27/10
Posts: 258
Loc: florida!
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Re: need some legal advice [Re: moonwalker1]
#12620494 - 05/24/10 02:42 PM (13 years, 11 months ago) |
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thats a good video. kinda long, but gave alot of really good info
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jingus

Registered: 05/04/09
Posts: 1,669
Loc: Oregon, U.S.
Last seen: 11 years, 3 months
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Re: need some legal advice [Re: alex37211]
#12620597 - 05/24/10 02:59 PM (13 years, 11 months ago) |
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Quote:
alex37211 said: I told the cops I was previously growing mushrooms. I didn't say what kind. Then in the report they made, they wrote "suspect admitted to growing schedule 1 mushrooms". Those bastards.
what state did this happen in.
also, i'm no lawyer, but i think this may be the weakest point in their trial. If you can get the warrant thrown out based on 'false pretenses' i believe it is called (e.g. the only information they had was a tip and a confession to growing some sort of mushrooms. If you could emphasize this, the warrant could possibly be thrown out, and the rest would be illegal acquisition of evidence. a.k.a. no evedence, no trial.
however, i fear that it's not that simple; it's probably a non-recorded police officer's statement vs yours...
good luck
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PNW FunGuy
Psilocybian



Registered: 10/23/08
Posts: 1,165
Last seen: 1 year, 7 months
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Re: need some legal advice [Re: jingus]
#12620657 - 05/24/10 03:09 PM (13 years, 11 months ago) |
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Sounds like they're really desperate to get you bud, so desperate that they're probably fucking up their own case, a good lawyer and a voice recorder would be some good things to have, how long did they keep you at first when you were apprehended for having a bunch of legal stuff?
-------------------- "The edge, there is no honest way to explain it, because the only ones who know where it is are the ones who have gone over." Dr. HST, the true king of fun - RIP
  Federal Bureau of Keeping Juice Special Agent Fun Guy.
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drewb149


Registered: 09/24/09
Posts: 363
Loc:
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Re: need some legal advice [Re: jingus]
#12620715 - 05/24/10 03:15 PM (13 years, 11 months ago) |
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Quote:
J.Dizzle said: not sure why you let cops in your house in the first place. some random girl saying "he has blankityblank" is nonadmissable and in no way grounds for a warrant.
next, even talking to the police was your next big mistake, they will never use anything you say to help you, only to hurt you. noone ever talked themselves out of a manufacturing charge, only the prosecution's lack of evidence will do that, and talking to them only gives them that evidence.
get a lawyer bro.
Quote:
jingus said:
Quote:
alex37211 said: I told the cops I was previously growing mushrooms. I didn't say what kind. Then in the report they made, they wrote "suspect admitted to growing schedule 1 mushrooms". Those bastards.
what state did this happen in.
also, i'm no lawyer, but i think this may be the weakest point in their trial. If you can get the warrant thrown out based on 'false pretenses' i believe it is called (e.g. the only information they had was a tip and a confession to growing some sort of mushrooms. If you could emphasize this, the warrant could possibly be thrown out, and the rest would be illegal acquisition of evidence. a.k.a. no evedence, no trial.
however, i fear that it's not that simple; it's probably a non-recorded police officer's statement vs yours...
good luck
if she said she saw, in person, the mushrooms growing then that is enough information to gain a warrant.
also for the record telling the cops on the scene anything or talking to detectives without a lawyer present was a mistake.
never forget your fifth amendment right to not incriminate yourself. if you are ever interrogated then always say you want a lawyer present that way the pigs cant use there little interrogation tricks on you.
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jingus

Registered: 05/04/09
Posts: 1,669
Loc: Oregon, U.S.
Last seen: 11 years, 3 months
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Re: need some legal advice [Re: drewb149]
#12620769 - 05/24/10 03:22 PM (13 years, 11 months ago) |
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especially if the tip is anonymous, that is often not enough for a warrant.
what state are you in?
seriously this is important, legally.
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