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Offlinepooppoop
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Got busted 3 months ago no court notice yet?
    #16447717 - 06/27/12 09:15 PM (11 years, 10 months ago)

So I had my car seized while driving but I was not arrested. 
They thought I had drugs and well I did. Brought in the
drug dogs and held my car at there station for a week.
I had 1 gram of weed, a pipe and 3g of mushrooms.
Its been 3 months now.  And I got my car back a long time ago
just about 3 months now too.  Still no court notice?
How long does it normally take to get such a thing
and is it possible they were just trying to scare me?
Also how long can my case hold in the pending status,
as in after a year or something does the thing no longer
have power?  Any help is appreciated.
Thanks.


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InvisibleLySergic D
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Re: Got busted 3 months ago no court notice yet? [Re: pooppoop]
    #16447749 - 06/27/12 09:20 PM (11 years, 10 months ago)

:shrug:
Maybe they are awaiting test results on the mushrooms.


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InvisibleEnlilMDiscord
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Re: Got busted 3 months ago no court notice yet? [Re: pooppoop]
    #16447902 - 06/27/12 09:41 PM (11 years, 10 months ago)

That depends entirely on the state in which you got caught.  There is a time limit to charge you, but the length of that time limit varies by state and by charge.


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Anonymous #1

Re: Got busted 3 months ago no court notice yet? [Re: pooppoop]
    #16449114 - 06/28/12 02:18 AM (11 years, 10 months ago)

Do nothing. If they violate your right to a speedy trial you can actually get away with murder.

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OfflineSeussA
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Re: Got busted 3 months ago no court notice yet? [Re: Anonymous #1]
    #16449464 - 06/28/12 05:10 AM (11 years, 10 months ago)

> Do nothing. If they violate your right to a speedy trial you can actually get away with murder.

He hasn't been charged with a crime, thus the right to a speedy trial is irrelevant.  As Enlil correctly pointed out, the time they have to charge you with a crime depends upon the jurisdiction and the charge. 

From what I have read on our forums over the years, in the US, people are generally charged within a year after being arrested for drug related crimes.  (This is a generalization, not an absolute.)


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InvisibleEnlilMDiscord
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Re: Got busted 3 months ago no court notice yet? [Re: Anonymous #1]
    #16449496 - 06/28/12 05:25 AM (11 years, 10 months ago)

Quote:

Anonymous said:
Do nothing. If they violate your right to a speedy trial you can actually get away with murder.



Seuss addressed this, but I thought I would add some things about the right to speedy trial:

1.  The time doesn't start ticking until you're charged.
2.  The SCOTUS has never really defined what "speedy" means.  Many people wait at least a year for a trial after they are charged.
3.  "speedy" is a shorter time if you're in custody, but can be very long if you're out on bail.
4.  The time for a trial is tolled (or extended) by anything the defense does which causes the delay.
5.  The vast majority of defense lawyers do NOT want a speedy trial because time is a defendant's best friend.


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Offlinepooppoop
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Re: Got busted 3 months ago no court notice yet? [Re: Enlil]
    #16455603 - 06/29/12 11:37 AM (11 years, 10 months ago)

It was in Washington state.  They maybe doing  a
lab analysis on the weed.  Because they listed
the weed as "suspected MJ". 1 g
and the seemingly knew for certain they were
"Hallucinogenic Mushrooms" 3.02g because they
listed that on my seizure release statement.
They can't ID weed but they can eye the
mushrooms?  Haha doesn't seem to make sense to me.


--------------------
“Without disturbing anyone, I will choose My moment.”
I have seen the light.

D.A.R.E

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Anonymous #2

Re: Got busted 3 months ago no court notice yet? [Re: pooppoop]
    #16460889 - 06/30/12 02:28 PM (11 years, 10 months ago)

they probably sent you your court hearing notice by certified mail. either it would be delivered to your house or a note was left to check the post office. you would've recieved it probably in 2 weeks of it. for all you know you had your court hearing, missed it, and now have a warrant out for your arrest.

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Offlinepooppoop
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Re: Got busted 3 months ago no court notice yet? [Re: Anonymous #2]
    #17296709 - 11/28/12 12:25 PM (11 years, 5 months ago)

Just got my court notice this month...
They dropped all the weed stuff and now are just processing me for possession of a controlled subtance.

They are offering a lesser plea ( soliciting a controlled subtance) to a misdemeaner with probation and fines.

I am shopping for a lawyer.

I have been asking about Washington new mj laws and maybe if they might be able to get me off.

Originally the cop searched my car based on probable cause due to "the smell of marijuana"
But now that the new law says that the smell of marijuana will no longer be probable cause.
I think this is what it says atleast... and I think it goes into effect on dec 06 or something like that.

Anyone pro at the law and could tell me if I might have a case to fight?


--------------------
“Without disturbing anyone, I will choose My moment.”
I have seen the light.

D.A.R.E

Edited by pooppoop (11/28/12 12:30 PM)

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InvisibleEnlilMDiscord
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Re: Got busted 3 months ago no court notice yet? [Re: pooppoop]
    #17296886 - 11/28/12 12:52 PM (11 years, 5 months ago)

The change in the law won't help you.  All that matters is the law that was in effect at the time of the search/arrest.


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Offlinepooppoop
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Re: Got busted 3 months ago no court notice yet? [Re: Enlil]
    #17296978 - 11/28/12 01:07 PM (11 years, 5 months ago)

Nice thanks Enlil.

I just talked to a lawyer that said the same thing.

Bummer for me, its all good though.

He also said in these kinda cases to get go with the public defender, and save some bucks.

This guy was cool. Thank guy.

good bye $1000 , hello 2 years of sitting on my hands.


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“Without disturbing anyone, I will choose My moment.”
I have seen the light.

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Offlinech1ck3n.s0up
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Re: Got busted 3 months ago no court notice yet? [Re: Enlil]
    #17300163 - 11/28/12 09:07 PM (11 years, 5 months ago)

Quote:

Enlil said:
5.  The vast majority of defense lawyers do NOT want a speedy trial because time is a defendant's best friend.



why?


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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.

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InvisibleEnlilMDiscord
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Re: Got busted 3 months ago no court notice yet? [Re: ch1ck3n.s0up]
    #17301402 - 11/29/12 04:54 AM (11 years, 5 months ago)

Witnesses die, move, get sick, and forget...time increases the chances of all of these...

Also, when a defendant is out on bail, every delay of the trial is a delay of the chance of going to jail.


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OfflineAlan RockefellerM
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Re: Got busted 3 months ago no court notice yet? [Re: Enlil]
    #17306082 - 11/29/12 10:26 PM (11 years, 5 months ago)

Also if something happened a long time ago, the judge is less likely to be out for blood, and more likely to let it slide with less punishment.

You might be able to convince them that it wasn't really a big deal, no one cares anymore, and you already showed up for court 10 times, which is punishment enough, sometimes.

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OfflineSeussA
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Re: Got busted 3 months ago no court notice yet? [Re: Alan Rockefeller]
    #17307156 - 11/30/12 04:41 AM (11 years, 5 months ago)

It also shows the court that you are a good person (assuming that you don't get in trouble again during the time) and that you don't need 'supervision' to remain out of trouble.


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