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Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor
    #16398712 -

I'm a long-time member of the site (3-4 years) and not a big poster but I'm far from an amateur grower, but I created a new account to avoid legal ramifications. Well recently I got drunk and came home wasted and was trying to get into my apartment.

After way too much jack daniels I ended up busting my door down (number 1 mistake I know I don't need a lecture for it I was blacked out drunk after day-drinking on a boat all day).

I put my door back up and went and passed out. I woke up 30 mins later with 6 cops standing around my bed pulling me out of bed naked and putting me in handcuffs. One of the cops was peaking into my closet on my current grow that was going on (6 monos and a few bags of spawn and one bag I made as a test run).

The one bag I had was sprouting pins but the monos were between 5days to 2 weeks from fruiting (started at different times). So the cops had almost no idea what they were looking at but knew something fishy was going on and since I had numerous pieces of paraphernalia they got a search warrant.

They took me to a questioning room where they held me for 4 hours, of course I asked them whether I was under arrest and what for and asked if I was free to go and they said there was a narcotics investigation going on. I had no finished product and only .3 grams of weed in site so they were looking for money or more drugs which I didn't have luckily.

So a detective talked to me for probably 15 mins of the 4 hours I was in the room shackled to the wall. As drunk as I was I slept most of the time in the room. I know I shouldn't have talked to him at all but I at least told him my roommate didn't know what was in my closet (I never said what was in there or insinuated it was illegal). I refused to answer the majority of his questions and that really pissed him off.

They ended up hauling my ass to the jail after they took everything illegal ( and alot of stuff not illegal out of my apartment). That day I had stopped drinking at 5pm and at midnight I still blew a .1267 . They threw my ass in the drunk tank for 20 hours (it was literally hell and I have a million stories but don't feel like typing them). My bail was set a $2500 so it wasn't easy for my family to come up with it and bail me out so they ended up booking me and taking me up to a cell block to wait for court the next day.

Well I ended up getting out after 48 hours in jail when my family and friends got 3000 together to bail me out (they raised my bail when I was in court). Well i'm going to court today at 1pm to enter my plea (not guilty of course).

I have no prior offenses, im a junior in college and have had the same job for 4 years which puts me in a better position than 95% of the people that go through the system so the majority of people think Im going to get most of my charges dropped and get alot of probation but no actual jail time.

My B Felony is for Dealing a schedule 1 controlled substance which most people (I have friends that work in the probation department, and several other friends with lots of experience in the legal system) think that they can not get me for this charge because I had no finished product or anything to make it look like I was selling anything.

My D felony is for maintaining a common nuisance, which they give to alot of people but usually drop when they give out a plea, and if they can't prove my B felony then that makes this one void as well.

It is also important to note that I live in a college town where the court system likes to trump up charges because alot of kids have rich parents that will pay whatever they have to to get their kids out of jail and if they trump up the charges then a shitty plea deal still sounds good and the county can make a shitload of money in fines. My bondsman and 10 other people I was locked up with said the same thing.

I kind of lost the point of this post but I feel like there needs to be more warnings of the dangers and charges your facing when you start growing. I'm going to get a lawyer and take this shit to trial so it might be a while before this is all over but I intend to let you all know how everything goes because I know you will all be interested.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: KeepYourShitHidden]
    #16398744 -

I would imagine if they didn't get any dry shrooms that what they do have will turn to shit before they can use it as evidence against you, but I really don't know how all that works.

good luck :shrug:

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: trampis]
    #16398777 -

You fucked up when you said "my room mate doesn't know whats in my closet." that in itself insinuates that you are doing something illegal.

Good luck man sounds like you should be able to get this down to a misdemeanor possesion and disturbing the peace citation.


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Anything posted by me is either hypothetical or completely fictional and is for entertainment only.

All trades available are legal and for microscopy or other legal uses only. I am a collector and I do not condone the growing or using of illegal substances.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: trampis]
    #16398780 -

Why did the cops come in? Did somebody report a B&E?


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Tickle my bassline.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: fiddle]
    #16398899 -

Were you charged with possession or manufacturing of a drug?

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: KeepYourShitHidden]
    #16398976 -

Curious about this too, how did they get a warrant?

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: Vore]
    #16399103 -

First of all, they shouldn't have been there in the first place. Noone allowed them to enter.

Quote:
I know I shouldn't have talked to him at all but I at least told him my roommate didn't know what was in my closet


Second, this might be considered a confession and you probably shoveld your own grave. Get a good lawyer!
Better pay him than the nazis.


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Stand up. You're not alone.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: fiddle]
    #16399105 -

maddlevi said:
Why did the cops come in? Did somebody report a B&E?


Thats why I assumed they came in. My door must have looked like it was broken and even though it was up I bet as soon as they beat on the door it fell to the floor and they saw my bong on the table. I haven't seen a police report yet so I don't know what their probable cause for entering was but after they were already in my apartment they told me they were in the process of getting a warrant to search my place.

And doc shroom I was wasted at the time those weren't my exact words but I basically said he doesn't know what I do in an attempt to keep him out of trouble, which luckily I did. They tore his room apart and found nothing illegal so luckily they put everything on me

Qman they got me with possession of marijuana but not of mushrooms because I didn't have any so their trying to pin me with dealing instead and no they didn't get me for manufacturing either which confused me but works in my favor because I wasn't dealing shit.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: KeepYourShitHidden]
    #16399127 -

Sounds like you got extremely lucky. A big asshole would have charged you for manufacture, possession with intent to distribute and your roommate for conspiracy.


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Stand up. You're not alone.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: KeepYourShitHidden]
    #16399285 -

RP, by any chance were you living in Dorms?  There are a lot of things you could have done to prevent this from happening, it sounds like you already know a few of the 'rules' to growing that you broke.  First, don't do it with roommates, second, when you are growing, you need to be below the radar, not getting shitfaced in your apartment smashing things to hell.  If you feel the urge to go party, go OUT and do it, not at home.

Get yourself a really good lawyer, (check out multiple lawyers don't just try one), you got a bit lucky, but when you're in court they can always change and add new charges, so a good lawyer and keeping quiet, talking as little as you can (let the lawyer talk) will probably help you out the most.


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OP is now RP!  Read about it here!


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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: KeepYourShitHidden]
    #16399488 -

First, I don't understand how you think charges will be dropped, but you will still get probation.  Probation is a result of conviction, unless it's a pretrial diversion (what I'm on right now).  Unless you get that (pretrial diversion), then you will probably get a conviction and probation at least.

At the very least you will have a misdemeanor weed and paraphernalia possession charge to deal with. 

And the mushrooms aren't illegal specifically, but it's the Psilocybin.

I"ve never actually grown shrooms before so I don't know how far along into the grow they start producing psilocybin, but you'd better hope they were not yet to the point where they started producing it.

If you get charged with mushroom possession, I would demand getting a lab test done.  That way if they didn't contain Psilocybin you would not be facing more unnecessary charges.


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Funny Video              Pokemon But With Animals Instead              B

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: Maverick]
    #16399593 -

Maverick said:
RP, by any chance were you living in Dorms?  There are a lot of things you could have done to prevent this from happening, it sounds like you already know a few of the 'rules' to growing that you broke.  First, don't do it with roommates, second, when you are growing, you need to be below the radar, not getting shitfaced in your apartment smashing things to hell.  If you feel the urge to go party, go OUT and do it, not at home.

Get yourself a really good lawyer, (check out multiple lawyers don't just try one), you got a bit lucky, but when you're in court they can always change and add new charges, so a good lawyer and keeping quiet, talking as little as you can (let the lawyer talk) will probably help you out the most.


No I wasn't living in any dorms and my roommate knew but was not involved at all. And I got shitfaced on a boat from 9am-6pm and couldn't get back into my house. I know I fucked up though alcohol has been a problem for me for a long time but after this I'm done with that shit.

And celestial traveler not all my charges are going to get dropped but they will drop a few because they won't hold up in court and I would probably get probation and not jail time anyway which is all I really care about at this point. I had at least 15 pieces in my house and they have already dropped my paraphernalia charge and i wasn't charged with possession of psilocybin but was charged with dealing which makes no sense. There are alot more little things that don't make sense with my case as well that make me and others think more charges will be dropped.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: KeepYourShitHidden]
    #16399601 -

So why do you have two felonies then?  Selling drugs and common nuisance?

If they didn't hit you with the mushrooms, then it must be for the pot.  How much did you have?  Just .3 grams?

I'd find a lawyer and ask him more information...find out more specifically what your charges are before making a plea bargain, etc.  That way you can make a more informed decision.


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Funny Video              Pokemon But With Animals Instead              B

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: Celestial Traveler]
    #16399611 -

Get a Lawyer and don't take a Plea.

You might just be able to get out of this entire ordeal if you can prove that the Cops had no right coming into your residence.

Even if you kicked your door in and put it back on it's hinges.  You didn't envite them in or give them consent to search.

You can still get out of this - Lawyer UP!

Do you have a retainer with a Lawyer?  I still have $5000 with a Drug Trial Lawyer in Los Angeles from my MDMA Manufacture days.


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BigUpRadio
WorldReggaeShow
DreaderThanDread - Listen!
(druqs said) don't get arsey, just get RC.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: Its Pat]
    #16399631 -

The thing is if they could see the bong without having to enter his residence then they could enter due to the "plain view" rule.  This is what got me.

IF his door was closed, then that is a different issue.  But if they came and entered because they got reports of a possible breaking an entering then they probably had legal right to be there.

Either way figuring this stuff out is the reason to get a lawyer.


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Funny Video              Pokemon But With Animals Instead              B

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: Celestial Traveler]
    #16400349 -

Yeah you guys are poking the same holes in the investigation everyone else is. I'm definitely getting a lawyer and not taking a plea. I'm currently trying to get a copy of the police report to see what gave them the probable cause to come in in the first place. They couldn't see my bong with the door up and I'm kinda doubtful it looked broken from the outside.

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: KeepYourShitHidden]
    #16400462 -

Well I'm not saying don't take a plea bargain, and of course your lawyer's advice should trump mine, but what I'm saying is learn more about your situation, what you're being charged with, etc. before even considering whether or not to make a plea.

Basically just make an informed decision.  A plea bargain may not be a bad idea but as of now you just don't know yet.


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Funny Video              Pokemon But With Animals Instead              B

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: KeepYourShitHidden]
    #16400488 -

Cops can enter your place under this sketchball health and safety exception to the warrant requirement.  Having your front door crushed in definitely sounds like a legitimate reason for cops to investigate--at least to a judge or if someone reported a breakin.  Odds are, they will figure out what you were doing with your closet project--especially after you admitted your roommate didn't know about it.  Sorry, but you sound fucked.  I would try and get the best plea you can.


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"plus they atually think jambands are good or sumthing, so they clearly know absolutely nothing about music, clearly lol" -Bassfreak

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: trampis]
    #16400517 -

DocShroom said:
You fucked up when you said "my room mate doesn't know whats in my closet." that in itself insinuates that you are doing something illegal.


You fucked up when you said anything more than what's in my signature.


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"Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station

"Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.

Edited by ch1ck3n.s0up (06/18/12 10:52 PM)

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Re: Facing a B Felony, a D Felony, 2 A Misdemeanors and a B Misdemeanor [Re: All We Perceive]
    #16400533 -

All We Perceive said:
Cops can enter your place under this sketchball health and safety exception to the warrant requirement. .


Do you know more about this health and safety clause?  Is there any way to protect yourself against it?


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Funny Video              Pokemon But With Animals Instead              B

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