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Invisiblellamabox
Myco/Ethnoresearcher
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Registered: 11/23/05
Posts: 564
Loc: Third moon of the Indole ...
Shrooms and court charges
    #5810449 - 07/01/06 06:09 PM (17 years, 6 months ago)

I have come to find out recently that there is no field test for psilocybin or any of the 4 major chems in our fungus. All suspected mushrooms must be sent to a BCI lab for testing. The testing process can take up to 3-6 months depending on the work load of the lab.

A good lawyer can petition the court for a speedy trial. After the initial arraignment where they read you the charges and determine bail, there is then a pre-trial where the judge hears the evidence and decides if the state has enough evidence to to take it to trial.

But if the state has not got their report back from the lab by the time this happens then "they could be spaghetti mushrooms for all I know." said the judge...


From the American Bar Association
" Criminal trials- Step 1

As with misdemeanors, the first step is an initial appearance or an arraignment before a judge of a lower court or magistrate, at which

* The charge is read to the defendant, and penalties explained.
* The defendant is advised of his/her right to a preliminary hearing and the purpose of that procedure, as well as his/her right to trial and right to trial by jury in trial court.
* The right to counsel (legal representation) is explained, and the judge or magistrate appoints a lawyer if the defendant requests one and is found to be indigent (too poor to afford a private lawyer).
* The defendant does NOT enter a plea. The matter is set for preliminary hearing (hearing to establish if a crime has been committed and if there is probable cause to believe that the defendant committed the offense(s) alleged in complaint).The judge or magistrate sets the amount of bail.

Step 2

The second step is the preliminary hearing, at which:

* The government must demonstrate to a judge or magistrate that there is sufficient evidence, or probable cause, to believe the suspect committed the crime with which he or she is charged.
* Defendants usually must be present at this hearing, although they do not commonly offer evidence in their defense. This procedure has a similar function to grand jury proceedings, in that it is a safeguard against unfettered government action.
* If the court finds there is no probable cause, the matter is dismissed (this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released.
* If the court finds there is probable cause, the matter is transferred to trial court. Many courts use the term bound over, as "the defendant is bound over to the district or circuit court for trial."

BCI labs


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OfflineClammyJoe
Azurescen Head
Male

Folding@home Statistics
Registered: 11/03/05
Posts: 3,691
Loc: PNW
Last seen: 11 years, 1 month
Re: Shrooms and court charges [Re: llamabox]
    #5810472 - 07/01/06 06:14 PM (17 years, 6 months ago)

Sounds like the law works FOR you this time.


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InvisiblePenguarky Tunguin
f n o r d
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Registered: 08/08/04
Posts: 17,192
Re: Shrooms and court charges [Re: llamabox]
    #5810509 - 07/01/06 06:22 PM (17 years, 6 months ago)

Hahahah, 3-6 months.... :thumbup:


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Every mistake, intentional or otherwise, in the above post, is the fault of the reader.


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OfflineAA2277
Resident DiphHead
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Registered: 05/06/06
Posts: 699
Last seen: 16 years, 1 month
Re: Shrooms and court charges [Re: Penguarky Tunguin]
    #5810526 - 07/01/06 06:27 PM (17 years, 6 months ago)

So am i to assume that if i got caught with mushroom tea, it would hard to prove that it was actually that?


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InvisibleAliceDee
-L S D-
Male
Registered: 08/10/03
Posts: 3,957
Re: Shrooms and court charges [Re: llamabox]
    #5810580 - 07/01/06 06:52 PM (17 years, 6 months ago)

you must have got one happy ass judge, most judges dont do that, usually they will wait till the test results come back... i hope you kept your mouth shut...

edit: KaptKid got busted for shrooms and got something like 5 years probation...


Edited by AliceDee (07/01/06 06:53 PM)


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InvisibleLe_Canard
The Duk Abides

Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: Shrooms and court charges [Re: llamabox]
    #5810597 - 07/01/06 07:02 PM (17 years, 6 months ago)

I'm glad to hear things have worked out for you. :cool:


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OfflineEmperorKuzco
somewhatfamiliar

Registered: 02/13/06
Posts: 252
Last seen: 16 years, 11 months
Re: Shrooms and court charges [Re: Le_Canard]
    #5810737 - 07/01/06 08:14 PM (17 years, 6 months ago)

A friend of mine got caught with a bag of shrooms and the cops just threw it on the ground and told him to move along. They weren't happy about it but they knew it wasn't worth it. Most cops around here only care about meth.


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OfflineKaptKid
Spaced Pirate
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Registered: 12/11/03
Posts: 6,252
Loc: Bright Side of the Sun
Last seen: 3 years, 11 months
Re: Shrooms and court charges [Re: AliceDee]
    #5810758 - 07/01/06 08:26 PM (17 years, 6 months ago)

With luck I'll be off probation after 2 years. Already have the lawyer working on it. Just can't get into troulbe for anything.

The judge waited for the report in my case. He gave the DA every break he wanted.


:sun:


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Child of the 60's, Tripping ever since.


:sun:


Edited by KaptKid (07/01/06 08:28 PM)


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OfflineGr8fulJ420
strange but nota stranger
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Registered: 02/17/01
Posts: 2,778
Loc: 0 moco
Last seen: 1 year, 2 months
Re: Shrooms and court charges [Re: llamabox]
    #5810855 - 07/01/06 09:15 PM (17 years, 6 months ago)

Best of luck to you, brother. I got pinched in Nebraska more than a year ago. Because it was my first and only arrest, I was offered a plea bargain for "attempt to posses" psylocybin - an aggro misdemeanor - instead of full posession, a felony in that state. I have no probation, and the judge told me if I kept my act in order for two years I could petition him to clean my record.

May things work out well for you, too.


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