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Help, arrested and facing 3 felonies
    #2567178 -

I?ve been lurking for a very long time but never bothered to register on the message board. Although I cannot get into the specifics of my case, the cops were called on my apartment for an unrelated incident (noise violation) smelled pot and entered the apartment forcefully pushing me out of the way. When I was pushed out of the way I did tell the officer ?I do not consent to this search? to which he replied ?Shut the fuck up, you have no rights now?. After looking through my apartment and intimidating everyone there they eventually stumbled onto my fruiting chamber. It was only 12 or so PF Cakes in a fruiting chamber with a couple booms already present, although not completely flushed. The entire batch was ruined with green mold as I had picked 3 booms which were sitting on a plate next to the chamber covered with green mold.

I had not heard anything from this case until yesterday when they apparently just got the lab results back. I am now facing this:
COUNT I, DEALING IN A SCHEDULE I CONTROLLED SUBSTANCE, Class B Felony, COUNT II, POSSESSION OF A SCHEDULE I CONTROLLED SUBSTANCE, Class C Felony, COUNT III, MAINTAINING A COMMON NUISANCE, Class D Felony, COUNT IV, POSSESSION OF MARIJUANA, Class A Misdemeanor, COUNT V, RECKLESS POSSESSION OF PARAPHERNALIA, Class A Misdemeanor and COUNT VI, MINOR CONSUMING ALCOHOLIC BEVERAGES, Class C Misdemeanor together with Affidavit of Probable Cause. Court finds probable cause for filing of charges and issuance of warrant. WARRANT ORDERED ISSUED. Bond $25,000.00 surety.

I have already setup my bond with a bail bondsman and as soon as the jail gets a copy of the warrant I will be turning myself in to be processed/booked. I have already retained a lawyer; she is an ex-prosecutor here in Indiana specializing in Illegal Search & Seizure, out of an extremely respectable firm in Indianapolis.

I come to you guys in hope of some tips/suggestions for fighting the more specifics of this case. It is very difficult to find any information about specific mycology law on the web and I just want to be prepared for what I am facing here and if anyone can offer some caselaw or suggestions.

Thanks everyone in advance and I will try to keep everyone updated as the process continues.

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Re: Help, arrested and facing 3 felonies [Re: Fool]
    #2567402 -

sorry, sounds like you're fucked.

when cops come for a noise violation (or anything else), open the door, step outside, and shut it behind you as quickly but non-suspiciously as possible. i live near a large state school and it's HUGE party town. people get noise violations all the time, but smart ones know that when the cops come, you don't stand there in the doorway talking to them so they can see the 2 dozen minors furiously emptying the keg.

open the door. step out. close it. quiet down a little bit and pay noise violation.

lesson #2: when you are growing mushrooms, your residence must be a SECURE AREA. this means no loud pot-smoking gatherings. keeping a low profile is absolutely key.

as far as the charges, a lawyer may be able to get you out of some of them. depending on where you live, and whether or not this is your first offense, you probably WILL be convicted of at least one drug-related felony if they are able to show you were growing psilocybe mushrooms. best wishes.

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Re: Help, arrested and facing 3 felonies [Re: ]
    #2567435 -

mushmaster wrote, "you probably WILL be convicted of at least one drug-related felony if they are able to show you were growing psilocybe mushrooms"

Key phrase there is IF THEY ARE ABLE...

Did you confess to growing psychoactive mushrooms? If not, you can say that you were growing oyster mushrooms. If you didn't have any fruits thats good.

I would tell your lawyer just what your wrote in your post. The cops barged in and you didn't give them consent. Its a "gray" area but at least its an angle to work from.

As for the entire aspect of the mushrooms.... If you didn't confess to growing psychoactives, then DON'T

They will have to prove that you were. If they can't prove it, they'll have to throw it out.

Was your grow chamber at least in a locked closet?

Lana

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Re: Help, arrested and facing 3 felonies [Re: Lana]
    #2567486 -

>a couple booms already present
>as I had picked 3 booms which were sitting on a plate next to the chamber
>I had not heard anything from this case until yesterday when they apparently just got the lab results back

sounds to me they already proved he was cultivating actives :frown:


--------------------
There's a thin line between sanity and insanity... and I just snorted it.

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Re: Help, arrested and facing 3 felonies [Re: John]
    #2567711 -

phenethyl, it may sound that way, but it isn't proven yet :smile:

Unlike weed, mushrooms have to be tested.  There are many mushrooms that LOOK like psychoatives, but aren't. 

If he didn't confess to growing pyschoactives, I'd demand to have them tested.  And if they do, with any luck, the evidence is spoiled and rotting as we speak :smile:

Lana

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Re: Help, arrested and facing 3 felonies [Re: Lana]
    #2567728 -

> Unlike weed, mushrooms have to be tested.

Actually cannabis has to be tested as well. They look at it under the microscope and usually run TLC to verify the visual observations.


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Just another spore in the wind.

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Re: Help, arrested and facing 3 felonies [Re: John]
    #2567804 -

phenethyl said:
>I had not heard anything from this case until yesterday when they apparently just got the lab results back

sounds to me they already proved he was cultivating actives :frown:



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Re: Help, arrested and facing 3 felonies [Re: Lana]
    #2568014 -

just got the lab results back

that's mainly what i was refering to.
either way though i agree with you that
he should act dumb, even when the DA
is waving the GC results in his face :smile:


--------------------
There's a thin line between sanity and insanity... and I just snorted it.

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Re: Help, arrested and facing 3 felonies [Re: ]
    #2568421 -

Quote:
when cops come for a noise violation (or anything else), open the door, step outside, and shut it behind you as quickly but non-suspiciously as possible. i live near a large state school and it's HUGE party town. people get noise violations all the time, but smart ones know that when the cops come, you don't stand there in the doorway talking to them so they can see the 2 dozen minors furiously emptying the keg.



The area in which the police could see was a hallway, from their vantagae point (the door was 90% closed behind me) they were unable to see any illegal activites (e.g. minor's consuming anything). And they entered merely on the smell of marijuana alone.

Also the LAB took 1.5 years to confirm that they were indeed psychoactive mushrooms.

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Re: Help, arrested and facing 3 felonies [Re: Fool]
    #2570356 -

dude i wish i could offer you some helpful advice but i can't.i was just thinking to myself how much it must suck to have somthing come back a 1year and a half later to bite you in the ass.Good luck and best wishes

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Re: Help, arrested and facing 3 felonies [Re: Fool]
    #2570422 -

if they caught a minor with alcohol in his/her blood,they probably got all the confessions they needed from the minor.
goodluck!

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Re: Help, arrested and facing 3 felonies [Re: Fool]
    #2570716 -

The smell of marijuana is just cause for them to enter.marijuana is illeagal,if they smell it coming out of your apt,then that would mean you are doing something illeagal.Therefore it may suck,but they had every right to come inside,Probable cause.
As far as your mushrooms go,unless they were locked in a closet,or in a room where the door was locked then im sorry bud but i think the search was warranted.


--------------------
Butternut squash are softer than acorn or other types of squash, which makes them easier to cut and prepare.

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Re: Help, arrested and facing 3 felonies [Re: Fool]
    #2570833 -

Sorry to hear of your troubles! That truly sucks. :frown:  There's some great advice here, I must say. All I can add is my sympathies...best of luck, bro!

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Re: Help, arrested and facing 3 felonies [Re: Le_Canard]
    #2571281 -

Bro, im so sorry. You just gotta deal with it now, the gears are turning. Youll make it.

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Re: Help, arrested and facing 3 felonies [Re: psikooz]
    #2573087 -

listen, if you have no record you can end up doing 6 months in shock boot camp.... it is a non-violent felony charge.... in state court, they will not charge you with all of the charges presented against you... they will pick the charge that carries the stiffest sentence, and proceed..... they do this to save tax payer money.....DO NOT go to trial.... take whatveer plea is offered you.... you may very well end up with 5 years probation...maybe 6 months bootcamp (is not fun)
this is all if you have no criminal record b4 this incident...good luck... then again I am assuming that your state laws are like mine....New York


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Only for those who know what they are talking about

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Re: Help, arrested and facing 3 felonies [Re: Fool]
    #2581015 -

How old were you when you were arrested?


--------------------
"Remember, son,
I didn't sell out-
I bought in."

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Re: Help, arrested and facing 3 felonies [Re: Fool]
    #2587774 -

Never been caught with shrooms and won't cause I don't do em anymore. I stick to beer these days. But I did get busted for growing smoke in a spare bedroom. I had a fire, the fire Dept. entered the house and a few hours later I was raided. Charged with Growing dope, Growing with intent to deliver, and something to do with a school down the street. I was looking at 12 yrs. in prison. The DEA seized my house, my cars, my boat, my guns and bank accounts. All this for four plants. Had to buy the house,cars and boat back. They kept the cash and guns. Got lucky and got 3 years probation, the first one on a tether. I can no longer vote, own a gun and I'm not supposed to even leave the country without permission from a judge. It cost me about $40,000.00 in fines court costs etc. As of 9/11 it has been harder to find work because companies are doing background checks. I am a convicted felon. Not helpful on a resume'.If not for that small fire I would never have gotten caught.

As for advice: Try to get it reduced in a plea. I also had my ex-wife write the judge a letter about how I never did drugs when we were married, and the kid is having problems with the divorce. If her father was to go to prison who knows what she will do. I also came clean with my boss. He wrote a letter to the judge also, about my performance and the fact that he needed me to help run his shop. He also stated that he would be willing to meet with the court regular basis and report on how I was doing. Get as many respectable people that you can to stand up for you. Stating that you were an upstanding and honest person and you made a mistake. Eat shit and look like you enjoy it. YES SIR, NO SIR etc. Don't go in there with an attitude. If they had no right to search let your lawyer deal with it. I repeat eat shit and let them know how sorry you are and that you had no idea how serious this was.

By the way I was busted 15 years ago and it still affects my life.


--------------------
God? My imaginary friend's name is Bobo!

[/image]http://www.shroomery.org/forums/files/04-19/413223381-thumb_10_9_1341.gif[/image]

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Re: Help, arrested and facing 3 felonies [Re: Seuss]
    #2600386 -

Seuss said:
> Unlike weed, mushrooms have to be tested.

Actually cannabis has to be tested as well. They look at it under the microscope and usually run TLC to verify the visual observations.


wild parsley looks almost identical to marijuana, my grandparents had a little growing and were 'detained' because of a neighbors tip. charges were dropped when the lab came back negative.


--------------------
California Has Legalized Child Prostitution

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Re: Help, arrested and facing 3 felonies [Re: ButterNut]
    #2600391 -

ButterNut said:
The smell of marijuana is Probable cause.
As far as your mushrooms go,unless they were locked in a closet,or in a room where the door was locked then im sorry bud but i think the search was warranted.


once they had PC they are able to call and have a warrant issued, they can begin a search before the warrant is on scene, most cases there will be other officers dispatched to assist with questioning people and sepparating them to secure the premisis.


--------------------
California Has Legalized Child Prostitution

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Re: Help, arrested and facing 3 felonies [Re: DNICEONER]
    #2600419 -

DNICEONER said:
listen, if you have no record you can end up doing 6 months in shock boot camp.... DO NOT go to trial.... take whatveer plea is offered you....


I have a friend that has sold LSD to a DEA officer, he never went to trial because his public defender actualy did the work to beat the charges, this PD is a volunteer and has beaten most charges filed against his client, same lawyer managed to have the charges against another friend for possession of and driving under the influence of MDMA, the dismissal was due to a medical condition that the officer said was a side effect of MDMA usage, it called into question his validity as an expert on drug recognition

if you have a good attorney, confessions can even be tossed out, NEVER accept a plea bargain unless you know there is going to be a conviction.


--------------------
California Has Legalized Child Prostitution

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