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GWAR
Scumdog of theUniverse



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Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense.
#7668212 - 11/22/07 08:45 PM (16 years, 2 months ago) |
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Ok, I'm Canadian, and I have an upcoming possession charge, I'm not too overly concerned with it as I have been through the courts before for more serious matters, and this charge is bogus in comparison...
What happened is... I got picked up for blatantly drinking in public (A cop told me to dump my bottle, so I started to slam it ) Yes, that was a stupid move, I got a $115 D.I.P. ticket (my third one.. ouch) but when I got arrested I also happened to have in my pockets... 3 grams (or less) of loose weed... "6" joints... and a scale.
Good thing I didn't pick up that day like I planned too.
When I got released they gave me a DIP ticket and a promise to appear in court for possession.
Anyways, I think I'm going to use the "ThePotLawHasFallen" defense. Any ideas or suggestions? Anyone else seen this webpage? Think it will work? I figure it's worth a shot.
BTW, I put the "6" in parenthesis cause thats how the charges were stated... but when i got out, i discovered my (lucky?) 7th joint still in my cigarette pack ... Second time that's happened. Do you think some of these piggies do it on purpose so u can still have a toke on your way out?
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"Freedom to all the people... Brave, true and strong... Freedom to all the people... Unless I think you're wrong!!!"
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FecalDildo
Fat LadiesBingo.


Registered: 04/25/04
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Loc: Ass Flavour Pie Factory.
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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: GWAR]
#7668807 - 11/23/07 12:31 AM (16 years, 2 months ago) |
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Just wear it, the situation that led to your arrest is going to tell the judge that you were being an asshole, and will view your contest of the weed charges as general disrespect of the law.
You'll just make things worse.
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GWAR
Scumdog of theUniverse



Registered: 05/03/02
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Last seen: 11 years, 11 months
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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: FecalDildo]
#7668941 - 11/23/07 01:25 AM (16 years, 2 months ago) |
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Quote:
FecalDildo said: Just wear it, the situation that led to your arrest is going to tell the judge that you were being an asshole, and will view your contest of the weed charges as general disrespect of the law.
You'll just make things worse.
Yeah, I considered that too. You're probably right.. thanks for your input.
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"Freedom to all the people... Brave, true and strong... Freedom to all the people... Unless I think you're wrong!!!"
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kidaihuan
First Growery Ban



Registered: 07/25/07
Posts: 3,173
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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: GWAR]
#7669179 - 11/23/07 04:37 AM (16 years, 2 months ago) |
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I think you should use the pot law has fallen defense.
Someone has to. Just make sure you look like a good guy when you go to court and act like you are really sorry for the drinking part, but the possession of marijuana wasn't against the law.
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FecalDildo
Fat LadiesBingo.


Registered: 04/25/04
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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: kidaihuan]
#7669223 - 11/23/07 05:56 AM (16 years, 2 months ago) |
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To attempt such a defense you need a clean possession charge, that involves no other crime or anti social behavior.
GWAR's circumstances are far from ideal to try such an approach and would, as I said most likely just anger the magistrate on the day.
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GWAR
Scumdog of theUniverse



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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: FecalDildo]
#7670538 - 11/23/07 01:15 PM (16 years, 2 months ago) |
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I'm still unsure as to what to do..
You have both presented points that I have already argued about with myself before even making this post...
I don't have to deal with this issue for a few more weeks, so I have planned to speak to a lawyer and weigh out my options...
I tend to agree with...
Quote:
FecalDildo said: To attempt such a defense you need a clean possession charge, that involves no other crime or anti social behavior.
GWAR's circumstances are far from ideal to try such an approach and would, as I said most likely just anger the magistrate on the day.
I have priors, and I'm on probation. There's a decent chance I could get the same judge that just let me off on assault charges... this time I may not be as lucky. I admit... I'm not exactly the best candidate for this defence.
but then I also consider...
Quote:
kidaihuan said: I think you should use the pot law has fallen defense.
Someone has to. Just make sure you look like a good guy when you go to court and act like you are really sorry for the drinking part, but the possession of marijuana wasn't against the law.
I mean, I already have a $115 dollar fine over this whole incident, and my weed taken away, isn't that enough? What I mean is, if I am apologetic for drinking in public and agree to pay the fine, will the judge really feel that any more punishment than this is required? Do we really have to waste more tax money on this issue?
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"Freedom to all the people... Brave, true and strong... Freedom to all the people... Unless I think you're wrong!!!"
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FecalDildo
Fat LadiesBingo.


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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: GWAR]
#7670790 - 11/23/07 02:16 PM (16 years, 2 months ago) |
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He's more likely to show leniency if you take full responsibility, show remorse for your actions and try and show some evidence that you have modified your behavior while drinking to avoid any similar incidents in future.
Judges like nothing better than seeing that you have learned from the mistakes that brought you before them in minor matters like these, if he thinks that you've really learned something and that you do regret what happened and that you are taking action to avoid such behavior in future then they're just as likely to dismiss the charges or choose the very lowest end of any penalties.
On the flip side, they'll consider you hostile and unrepentant if you choose to contest what is in your case and country a very minor possession offense.
If the possession was the only factor in the incident then my opinion would be different.
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fastfred
Old Hand



Registered: 05/17/04
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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: FecalDildo]
#7674916 - 11/24/07 03:16 PM (16 years, 2 months ago) |
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You're only facing a small fine for the MJ. It probably isn't worth putting together any sort of defence.
I'd be kind of surprised if they didn't drop one of the charges as part of a plea bargain.
-FF
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GWAR
Scumdog of theUniverse



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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: FecalDildo]
#7677910 - 11/25/07 01:13 PM (16 years, 2 months ago) |
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Quote:
FecalDildo said: He's more likely to show leniency if you take full responsibility, show remorse for your actions and try and show some evidence that you have modified your behavior while drinking to avoid any similar incidents in future.
Judges like nothing better than seeing that you have learned from the mistakes that brought you before them in minor matters like these, if he thinks that you've really learned something and that you do regret what happened and that you are taking action to avoid such behavior in future then they're just as likely to dismiss the charges or choose the very lowest end of any penalties.
On the flip side, they'll consider you hostile and unrepentant if you choose to contest what is in your case and country a very minor possession offense.
If the possession was the only factor in the incident then my opinion would be different.
Thanks for your opinion. Defenitly helped.
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"Freedom to all the people... Brave, true and strong... Freedom to all the people... Unless I think you're wrong!!!"
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FecalDildo
Fat LadiesBingo.


Registered: 04/25/04
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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: GWAR]
#7694657 - 11/29/07 12:33 PM (16 years, 2 months ago) |
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You're welcome.
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GWAR
Scumdog of theUniverse



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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: FecalDildo]
#7743179 - 12/10/07 10:50 PM (16 years, 1 month ago) |
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***UPDATE***
Well, I missed my court date cuz i was stoned and got the dates mixed up. Luckily, my girlfriend pointed this out and I decided to turn myself in on monday (today) cuz the courts arent open on the weekend and i didnt wnat to spend any time in a cell.. so I went there today. all went well, even though i accidently called the female judge "sir" .. i corrected myself rather quickly and she didnt seem to take offence... well, actually she seemed a little amused.
I think i have decided to try this defence.. but I'm still iffy, because of the fact that i was drunk and disorderly.
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"Freedom to all the people... Brave, true and strong... Freedom to all the people... Unless I think you're wrong!!!"
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PoisonedV
Fuming Shrooming




Registered: 09/13/07
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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: GWAR]
#7751509 - 12/12/07 09:41 PM (16 years, 1 month ago) |
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For fucks sake, goddamn. At least stay clean while under suspicion
-------------------- Lazy...
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GWAR
Scumdog of theUniverse



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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. *DELETED* [Re: PoisonedV]
#7752121 - 12/13/07 12:04 AM (16 years, 1 month ago) |
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Post deleted by GWARReason for deletion: irrelavent
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"Freedom to all the people... Brave, true and strong... Freedom to all the people... Unless I think you're wrong!!!"
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GWAR
Scumdog of theUniverse



Registered: 05/03/02
Posts: 1,025
Loc: Antarctica
Last seen: 11 years, 11 months
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Re: Fighting Marijuana Possession charge.. "ThePotLawHasFallen" Defense. [Re: GWAR]
#8227130 - 04/02/08 12:52 AM (15 years, 9 months ago) |
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Yea, I fought this charge and WON!
this defence is awesome.
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"Freedom to all the people... Brave, true and strong... Freedom to all the people... Unless I think you're wrong!!!"
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