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InvisibleLanaV
Head Banana
Female

Registered: 10/28/99
Posts: 3,084
Loc: www.MycoSupply.com
5 year minimum sentance for cultivating
    #1463460 - 04/16/03 12:54 PM (13 years, 11 months ago)

Hi Everyone,
I am posting this for someone who has contacted me. Mods please feel free to move around/edit as you wish.

Lana

------------------------------------
To Whom It May Concern:

I was wondering if you could help me.

I have been arrested and charged with attempting to manufacture a controlled substance, to whit, hallucinogenic mushrooms. The police served me with a search warrant and found in my bedroom closet two plastic totes which I had grown mushrooms in,over six months before I moved into this house. They tested the contents of the tubs and several dried mushrooms I had in a baggie. The tests came back, not a controlled substance. This has not changed the approach of the district attorney. They believe it was controlled mushrooms I was attempting to grow.

I should say at this point, that I am living in Richmond, Virginia. Very few people here know anything about types of mushrooms that can be grown, and the number of legal mushrooms people are growing. The state's position is that if I was growing mushrooms, they had to be the controlled type. If you could provide me with any contact somewhere here on the east coast, I would be very appreciative. I need someone who can testify as to the number of legal mushrooms that can be grown in perlite, and that just having two tubs stacked in my closet does not show I was in the act of attempting to produce anything. Nothing was plugged in, and there was no evidence of any spore, mycellium, nothing except two tubs which never had any controlled substance in it in the first place.

Any advice or help you could offer would be greatly appreciated (I am looking at a 5 year minimum!).


--------------------
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Offlinegee_bone
Seeker FromNature

Registered: 11/12/02
Posts: 151
Last seen: 13 years, 1 month
Re: 5 year minimum sentance for cultivating [Re: Lana]
    #1463469 - 04/16/03 12:59 PM (13 years, 11 months ago)

They still need to prove, beyond a reasonable doubt, that you were attempting to cultivate. The DA may think he can charge you, but if you get a good lawyer, you are off like Road Kill's Mom's panties.

Get a lawyer and you'll be fine.


--------------------
Dissidents are punished far more by themselves than by society.


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OfflineWorkmanV
Psilocybe Microscopist
Male User Gallery

Registered: 03/01/01
Posts: 3,492
Loc: Washington, USA
Last seen: 2 years, 2 months
Trusted Cultivator
Re: 5 year minimum sentance for cultivating [Re: Lana]
    #1463552 - 04/16/03 01:29 PM (13 years, 11 months ago)

It doesn't sound like the whole story. Why was he served with a search warrant in the first place? What indicated that the totes had been used to cultivate mushrooms?


--------------------
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OfflineRaedon
enthusiast

Registered: 04/07/03
Posts: 271
Last seen: 10 years, 9 months
Re: 5 year minimum sentance for cultivating [Re: gee_bone]
    #1463576 - 04/16/03 01:33 PM (13 years, 11 months ago)

yea, Even if he just had a baggie of REAL DEAL dried shrooms under an ounce a good lawyer would have him out of legal trouble and into a "probably" large fine (DWI size) and probation.

Some tubs, lights and humitifiers stacked nexted to each other; not being used, doesn't mean anything unless you are getting interigated and they are trying to get a crack out of you. Now if they found a pound of dried shrooms on you, they are the real deal, and you had a setup that was not in use but there nontheless then you better get ready for some federal "Pound you in the ass" prison time.

One of my best friends outside of highschool's dad spent 25 years in the pen for having 25 pounds of weed in his car.. He told me all about it, trust me when I say it just isn't worth it.

Keep it under 2 ounces (56 grams) so your lawyer has options.


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Offlinegee_bone
Seeker FromNature

Registered: 11/12/02
Posts: 151
Last seen: 13 years, 1 month
Re: 5 year minimum sentance for cultivating [Re: Workman]
    #1463619 - 04/16/03 01:44 PM (13 years, 11 months ago)

If you read it, seems like the totes were empty except for some perlite residue.

As to why and how they got the search warrant, sounds like a snitch to me. They have to get the warrant signed by a judge and therefor they have to give reasons for the search, maybe someone he supplied to decided to inform the police from whom he got shrooms.

They were obviously looking for a cultivator, they must have had some information on him, information enough to convince a judge to sign a warrant to search and seize. The DA's probably worked a little on the case up to this point and he's probably mad that there was nothing. They don't like to walk away empty handed, so he's just hoping the charge of 'attempt' will stick... though it will only stick if he gets a crappy 'court appointed'......

For attempt to stick they have to show that there was evidence that if they had not intervened, or if not for some other factor, he would have grown the shrooms. Though on the face he usually would have to be growing them at the time, just not fruited them yet.....

Another avenue for the DA, usually used in cases of child molestation, is that they can make a charge of attempt stick if they show a pattern of behaviour had started that would inevitably lead to the purported crime. Usually if a cop sees a known child molester pull up in a van and offer some candy to a kid, that's enough to get him on attempt. Here they might try and nail him by showing that he had enough apparatus etc. that growing was inevitable. Tough task for the DA. Easier though because he's gonna present in front of 'southern' judge, and we all know how much they like nailing the bad guy......

Minimum sentences are a real bitch, but if you get the right judge and a good lawyer, they can work against the DA because the judge will be less likely to impose the sentence (harsh as it is) on a perpetrator that has a good defence. Especially if you're white and have a nice suit on in Virginia. Correct me if I'm wrong, but I seldom am.


--------------------
Dissidents are punished far more by themselves than by society.


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Offlinegrowmore
up it goes
 User Gallery
Registered: 01/02/03
Posts: 752
Loc: Cow field
Last seen: 10 days, 8 hours
Re: 5 year minimum sentance for cultivating [Re: gee_bone]
    #1463850 - 04/16/03 03:06 PM (13 years, 11 months ago)

cops are tricky so look out , what I hate is when they ask the same question but in a deferent way trying to catch you up , that never works with me . all you have to say is that you had planting meterial in the bins for storeg and what you had in there was perlite and some dirt and other stuff that will explaen the perlite resedu . what can they do if they have no evedinc that you grow shrooms , all they have is hearsay and that wont fly .


--------------------
check my journal for my trade list

You see what you want to see not what it makes you see. I see said the blind man to the deaf women .


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Invisiblepoke smot!
floccinocci floofinator
Male

Registered: 01/08/03
Posts: 5,231
Re: 5 year minimum sentance for cultivating *DELETED* [Re: gee_bone]
    #1463852 - 04/16/03 03:06 PM (13 years, 11 months ago)

Post deleted by poke smot!

Reason for deletion: x



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InvisibleDiploidM
Cuban

Folding@home Statistics
Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
Trusted Cultivator
Re: 5 year minimum sentance for cultivating [Re: poke smot!]
    #1463878 - 04/16/03 03:21 PM (13 years, 11 months ago)

Quote:

I've been long interested in strains for their looks, their supposed medicinal value, or their gourmet properties. Just because someone has all the equiptment necessary to produce something illegal, doesn't mean they will.




The bottom line is whether or not the prosecutor can convince a jury. The possession of mushroom growing equipment alone may not be enough, but if the guy also had books on psilocybe mushrooms, Internet printouts about psilocybe mushrooms, and it can be demonstrated that he queried the OMC about psilocybe mushrooms, that may be enough to tip a jury toward a guilty verdict.

I'm not a lawyer, though, so what do I know...

-Diploid


--------------------
Republican Values:

1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.

4) We need a smaller, less-intrusive government.


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Offlinedebianlinux
Myconerd - DBK
Male User Gallery

Folding@home Statistics
Registered: 12/09/02
Posts: 8,272
Loc: Over There
Last seen: 3 months, 14 days
Re: 5 year minimum sentance for cultivating [Re: Diploid]
    #1463887 - 04/16/03 03:26 PM (13 years, 11 months ago)

a good lawyer is what this person needs. nothing less for sure. try PMing prisoner#1, he knows a whole lot of legal stuff.


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InvisibleRoadkill
Retired Shroomery Mod
Male User Gallery

Registered: 12/11/01
Posts: 22,598
Loc: Snoqualmie, Wa.
Trusted Cultivator
Re: 5 year minimum sentance for cultivating [Re: gee_bone]
    #1464042 - 04/16/03 04:15 PM (13 years, 11 months ago)

Quote:

The DA may think he can charge you, but if you get a good lawyer, you are off like Roadkill's Mom's panties.



You might want to give him better advice than that.
My Mom is DEAD....she died from Cancer 4 years ago August.


Lana,
Tell this person to get a GOOD Lawyer...not a cheap one like gee_bone's crak head mother gets to get her sorry ass out of trouble after blowing an undercover cop in an alley way to make $5.00 to get more crak!
lolzz



--------------------
Laterz, Road

Who the hell you callin crazy?
You wouldn't know what crazy was if Charles Manson was eating froot loops on your front porch!


Brainiac said:
PM the names with on there names, that means they have mushrooms for sale.



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Offlinegee_bone
Seeker FromNature

Registered: 11/12/02
Posts: 151
Last seen: 13 years, 1 month
Re: 5 year minimum sentance for cultivating [Re: Roadkill]
    #1464123 - 04/16/03 04:45 PM (13 years, 11 months ago)

:smirk:

don't think so!


--------------------
Dissidents are punished far more by themselves than by society.


Edited by Roadkill (04/16/03 04:56 PM)


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InvisiblePsychoslut
The Mother Fucking Bear-o-dactyl
 User Gallery
Registered: 12/10/02
Posts: 20,807
Loc: all up in ya
Re: 5 year minimum sentance for cultivating [Re: Roadkill]
    #1464150 - 04/16/03 04:53 PM (13 years, 11 months ago)

but her giving spirit lives on.


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[quote]KristiMidocean said:
Good now thats clear.WHO FUCKING CARES. If I am fat u all keep pointing it out like its suppose to be a secret.LIke u really have nothing better to do then make fat jokes. If o know its like I do I know yall can come up with NEW AND BETTER SHIT . This shit is old and boring . I left in the first place cause this shit got boring not because of the fat jokes . Fat jokes dont bother me but seriously its old[/quote]


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