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Offlinebluecollarboy
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Registered: 08/04/06
Posts: 22
Last seen: 16 years, 2 months
oh no!!!!!!!!!!!!!!!!!!!!
    #5962367 - 08/14/06 11:08 AM (17 years, 9 months ago)

Well I just got arrested with mushrooms in Florida around Jackson County. They didn't catch me in the Field so they didn't charge me with TP. but charged me with the mushrooms. I'm really scared. What can I do to fight it. Every sight Ive seen says that mushrooms aren't illegal to have fresh. Can i use that as defence. It was a small bag. Im waiting on the court date. :sad: :sad:

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OfflineAKSE
My bruises areblue
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Registered: 09/04/05
Posts: 1,134
Loc: Ak
Last seen: 13 years, 2 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5962381 - 08/14/06 11:11 AM (17 years, 9 months ago)

They are illegal in the US whether they are fresh/dried. You really don't have anything to go on, I'de say your best bet is to say that you thought they were edible ones.

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InvisibleAbrainspot
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Registered: 01/06/06
Posts: 1,500
Loc: Rewind
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5962400 - 08/14/06 11:18 AM (17 years, 9 months ago)

Damn dude that sucks. Just be honest and cooperate with the judge and police. Youll obviously get a charge, lying will end you up with a conviction, cooperation might hopefully lead you to community service, maybe a fine, and a drug class, who knows. I definitely wouldnt recommend lying though.

I got busted with 3+ oz of weed 2 years ago, i didnt deny anything and got 32 hrs comm serv and an 8 class drug education class, no testing.

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InvisibleKoala Koolio
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Registered: 01/07/04
Posts: 7,752
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: Abrainspot]
    #5962480 - 08/14/06 11:50 AM (17 years, 9 months ago)

"Damn dude that sucks. Just be honest and cooperate with the judge and police. Youll obviously get a charge, lying will end you up with a conviction, cooperation might hopefully lead you to community service, maybe a fine, and a drug class, who knows. I definitely wouldnt recommend lying though.

I got busted with 3+ oz of weed 2 years ago, i didnt deny anything and got 32 hrs comm serv and an 8 class drug education class, no testing."

I'm glad it worked out for you, but what this guy needs is a lawyer. Please don't attempt to convince people to admit guilt in court on a forum.

bluecollarboy: Get a lawyer, ASAP.


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You're not like the others. You like the same things I do. Wax paper, boiled football leather... dog breath. We're not hitch-hiking anymore, we're riding!

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Invisibleblink
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Re: oh no!!!!!!!!!!!!!!!!!!!! *DELETED* [Re: Abrainspot]
    #5962508 - 08/14/06 11:59 AM (17 years, 9 months ago)

Post deleted by blinkidiot

Reason for deletion: Im sorry



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Offlinebluecollarboy
Stranger

Registered: 08/04/06
Posts: 22
Last seen: 16 years, 2 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5962518 - 08/14/06 12:02 PM (17 years, 9 months ago)

This will be my first offense. And I cant seem to find any website saying that its illegal in Florida to have fresh mushroom. All the sites say that its legal to have fresh shrooms but the cops will hassle you.

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OfflineAKSE
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Registered: 09/04/05
Posts: 1,134
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Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5962522 - 08/14/06 12:04 PM (17 years, 9 months ago)

Quote:

bluecollarboy said:
This will be my first offense. And I cant seem to find any website saying that its illegal in Florida to have fresh mushroom. All the sites say that its legal to have fresh shrooms but the cops will hassle you.




But why would they hassle you over 'legal' mushrooms? They are illegal regardless.

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Offlinebluecollarboy
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Registered: 08/04/06
Posts: 22
Last seen: 16 years, 2 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: blink]
    #5962525 - 08/14/06 12:05 PM (17 years, 9 months ago)

Do you know were I might start looking for a good lawyer?

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Offlinebluecollarboy
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Registered: 08/04/06
Posts: 22
Last seen: 16 years, 2 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5962534 - 08/14/06 12:09 PM (17 years, 9 months ago)

Man I don't know what to do. Please someone tell me how to work this thing out. What law in Florida says that its illegal to have fresh mushrooms?

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OfflineWronguy
Registered: 03/05/05
Posts: 4,450
Last seen: 12 years, 10 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5962540 - 08/14/06 12:12 PM (17 years, 9 months ago)

If you don't already know any lawyers to get a referral, I would start with the yellow pages and interview each lawyer on their knowledge of drug cases. A good lawyer will be able to give you some quick answers over the phone, cite applicable case law in relation to your charges, and give you a pretty good idea how he/she would handle it for you.

I wouldn't be surprised if there is a law that allows possession of fresh mushrooms. In Colorado, at least in Denver, it is legal to posses marijuana under a certain amount, but if you're smoking it you're in trouble.

Good luck to you.

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OfflineWronguy
Registered: 03/05/05
Posts: 4,450
Last seen: 12 years, 10 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: Wronguy]
    #5962545 - 08/14/06 12:14 PM (17 years, 9 months ago)

Not sure of the relevance now, but check this out:

http://www.erowid.org/plants/mushrooms/mushrooms_law3.shtml

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Offlinebluecollarboy
Stranger

Registered: 08/04/06
Posts: 22
Last seen: 16 years, 2 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: AKSE]
    #5962560 - 08/14/06 12:21 PM (17 years, 9 months ago)

The cops said they had psilocybin in them. But how do they know. And how can I know that there illegal if all the references on the net says their not. So there's got to be some error if all the encyclopedia say it illegal in all states but Florida. That pretty much says that all state clearly show its illegal but Florida. And this is on many many sites

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Offlinebluecollarboy
Stranger

Registered: 08/04/06
Posts: 22
Last seen: 16 years, 2 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: Wronguy]
    #5962569 - 08/14/06 12:24 PM (17 years, 9 months ago)

Thanks for the site!

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InvisibleKoala Koolio
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Registered: 01/07/04
Posts: 7,752
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5962608 - 08/14/06 12:38 PM (17 years, 9 months ago)

"Please someone tell me how to work this thing out. What law in Florida says that its illegal to have fresh mushrooms?"

When it comes down to it, the state law doesn't matter, as psilocybin is Schedule I in the US. True, florida law does say that fresh mushrooms aren't considered prepared. But you could still get screwed, and even charged with the fresh weight in comparison with the 10% of that which would be the dry weight. This is why you need a lawyer.

The cops didn't know what was in them. And I highly doubt they can ID a thing in the world. What happened: You were profiled probably by your age or how you look, and they made the decision that you were probably in posession of drugs. But, if they plan on getting you for this, they will likely have the mushrooms tested for psilocybin. One thing that happens fairly often is that when someone gets busted with fresh mushrooms, the cops leave them around too long until they're a pile of black goop. Even better when they put them in plastic evidence bags.


--------------------
You're not like the others. You like the same things I do. Wax paper, boiled football leather... dog breath. We're not hitch-hiking anymore, we're riding!

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Offlinebluecollarboy
Stranger

Registered: 08/04/06
Posts: 22
Last seen: 16 years, 2 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: Wronguy]
    #5962624 - 08/14/06 12:43 PM (17 years, 9 months ago)

Thanks for the info.

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InvisibleOJK
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Registered: 06/08/03
Posts: 10,629
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5963101 - 08/14/06 03:23 PM (17 years, 9 months ago)

Talk to a lawyer as soon as possible, do not cooperate with the police unless on the advice of a lawyer. As things stand, the aim of the police is to help convict you, not help you.

If you need some help finding a lawyer with experience in drug cases, try *here* to start with - it's a list of lawyers in Florida assembled by NORML, the marijuana reform group. One of them might be able to help you or reccommend someone who can. Good luck.

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Offlinewiggles
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Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: OJK]
    #5963323 - 08/14/06 04:36 PM (17 years, 9 months ago)

Alright, first thing you should do:

Call this number - 786-363-2700 (florida ACLU)
or this number - (850) 561-5600 (florida Bar Association)
NORML can also be a really big help.

Either one will be helpful in finding a GOOD attorney who can help you. Yes, it will cost you money. Spend the money. Being a few grand in debt to a lawyer is better than getting even probation.

Normally in your situation police tend to not bother you, so long as you're picking them in fields. But you have to state that you didn't know what they were. I reccomend you go to the mushroom hunting forum, or at least talk to some friends you may have there, about what other species look like the ones you were hunting. You need an alibi so that if the magistrate asks you, "well, what kind of mushrooms were you looking for then?" you have an answer. If you weren't "of criminal mind" when committing the crime, you are technically not guilty. The state has to prove that you not only had the willful intention to pick illegal mushrooms, but that you acted on that intention. If you picked them by accident while you were looking for something else, then you really haven't committed a crime because you didn't have "a criminal mind" to do so.

When you get an attorney, be completely honest with them with whatever they ask you. An attorney is strictly held by law and professional ethics to the Attorney Client Privelidge. That means it is illegal for him to share any information that you tell him. If he asks, answer, completely and honestly. Don't waste his time with lies, because it'll just make it harder for him to do his job. He can't tell anyone what you tell him, so be honest, and make both of your lives a little easier.

In many cases your attorney won't even ask your side of the story, they'll just look at procedural law (rules of how trials, arrests, everything is done) to see if they can get the case thrown out before you have answer even a single question. Do not speak to the police. If they try to speak to you, then POLITELY refuse. Tell them you appreciate that they are doing their job, but you have nothing to tell them until your lawyer is present.

At the very least a good lawyer can mean the difference between ARD with your arrest record deleted at the end of the program, and getting 2 years reporting probation.

Sorry I can't be of more help... good luck man, god speed.


--------------------


You can turn your back on a person, but never turn your back on a drug, especially when its waving a razor sharp hunting knife in your eye.
Hunter S. Thompson

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Offlinebluecollarboy
Stranger

Registered: 08/04/06
Posts: 22
Last seen: 16 years, 2 months
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: Wronguy]
    #5963336 - 08/14/06 04:41 PM (17 years, 9 months ago)

Thanks man!

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Invisiblei8an8th
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Registered: 06/16/05
Posts: 1,714
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: bluecollarboy]
    #5964558 - 08/14/06 11:00 PM (17 years, 9 months ago)

Look what I found on erowid..

Florida #
Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.


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:sporedrop:

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InvisibleKoala Koolio
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Registered: 01/07/04
Posts: 7,752
Re: oh no!!!!!!!!!!!!!!!!!!!! [Re: i8an8th]
    #5964632 - 08/14/06 11:17 PM (17 years, 9 months ago)

My understanding of that is that possession alone isn't enough to consider it a container of a drug. Any sign of intent to use it, etc, is another matter.


--------------------
You're not like the others. You like the same things I do. Wax paper, boiled football leather... dog breath. We're not hitch-hiking anymore, we're riding!

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