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Fighting Federal Sheduling's Constitutionality
    #8204292 -

Last summer, I was arrested along with another individual who had been bound to join the Marines shortly (like a few days). We will call this individual Nick.

Nick and I were homeless. We had a tent. We didn't sell drugs for money, but that depends on the meaning of "didn't" :wink:

Anyways, we got surrounded in a park, I was the first to be patted down. I know the pat down is a "weapons pat", but this dumbass missed a huge knife in my cargo pocket. He asked if I had anything on me and I handed him the knife. He then cuffed me, while I realized he had my wallet. My wallet had $750, but I had nothing illegal on me.

From the backseat of a copcar I watched three cops search Nick and pull out an oz. of mushies, 1-2 grams of weed, 1000 plastic baggies, and a digital scale. Ouch.

Long story short: Nick told the cops we went half and half on everything, gave the name and little info he had on my fungi hook, and told them all my money was drug money. Clearly, this ended with both of us in jail.

Now, I'm still on the court system 8 months later. Nick, to the best of my knowledge is either in the Army or the Reserve and never got in real trouble. I've tried to fight over probable cause, but an ex-gf showed up to testify against me. :doublefu:

I've been in court so long because they know I have a plethora of info and they keep pushing the narc route, but I hold strong.

Today I got bound over to circuit court. I will probably end up fighting this. If I lose, which I will, I don't think they'll go hard on me because since posting bond, I've gotten my GED and enrolled in college. However, I want to appeal on grounds of consitutionality of federal scheduling. I was just looking for input about how I could argue this. I may need a new lawyer who shares my vision, but I would hope their would be a successful way to do this.

Also, instead of the charges being distibution of psilcyn, it's marijuana! This proably isn't to omportant, but WTF?


--------------------
My advice is to find those things that give pleasure and do them often without too much attachment and relax and wait for the show to end.

-Icelander-

I like free markets and all. Truly I do, at least in general, but there needs to be some kind of oversight in recognition of sustainability. Life works the same way, on a bunch of sustainable systems. Why not honor what made us what we are and take some lessons? Nature FTW!

~dill705~

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Re: Fighting Federal Sheduling's Constitutionality [Re: dill705]
    #8204636 -

I think your up shit creek if your arguing w/ regards to the constitutionality of the state statutes, probably about identical to the CSA.  What is your argument?

I don't know that anyone's got it to the supremes w/ an arbitrary and capricious claim, but still....

The consitution has very basic rights, and I don't see how the drug scheduling violates that, other than the obvious commerce clause shit that almost doesn't exist itso rarely held to any legitimate meaning- and this only helps w/ the federal government, not your charges.

Sorry :frown:

BTW, your lawyer could always blame everything on your friend, claim he's a dealer, and none of it was yours.  They can probably get your friends statements into court without his testimony, but who knows.

And I suspect the mushrooms weren't bothered with cuz they're unusual and it sounds like the marijuana law is allready fucked beyond belief... you got bound over to felony court, correct? so possesion of an ounce is a felony there?  Fucked up, sorry

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Re: Fighting Federal Sheduling's Constitutionality [Re: johnm214]
    #8205006 -

sorry, i cant really help with the legal stuff

but your fightin a good cause, stay strong and please dont narc out :thumbup:

fuck your ex and the nick kid too

people need to learn to shut their fucking mouths around the police its never never never never beneficial those fuckers will exploit everything

granted your task is difficult, the constitution is broken so often man


--------------------
for all y’all niggaz out there that be puffin shit
when the music go on, y’all listen to this alright

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Re: Fighting Federal Sheduling's Constitutionality [Re: anyone420]
    #8205123 -

If you weren't caught with anything you should be home free. Any decent lawyer can tear apart a NARC on the stand. They are lying sacks of shit and not hard to make look like the liars they are. "So you lied to your friend when you told him you weren't a NARC... Given the fact that you are an admitted LIAR why should the court believe your ever-so-convenient story now?"

Anyhow, with no evidence against you except for a lying NARC you should have no problem beating the charges.


-FF

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Re: Fighting Federal Sheduling's Constitutionality [Re: fastfred]
    #8205148 -

'

Edited by old mushmellow (11/22/08 10:24 AM)

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Re: Fighting Federal Sheduling's Constitutionality [Re: dill705]
    #8205218 -

i hope nick gets killed by terrorists.

That's one seriously shitty situation..

But, it's all heresay w/out an actual documented sale or anything... you should be able to beat this.

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Re: Fighting Federal Sheduling's Constitutionality [Re: Yoschie99]
    #8205267 -

Get a decent lawyer and you should be able to get your charges dropped. YOU had no drugs on you, all you had was cash. And as far as I know its not illegal to posses cash. :stoned:

Your 'friend' blamed everything on you.. That would be like me going out and shooting somebody then saying you did it because you have a bullet... :crazy2:

I seriously hope that your 'friend' gets killed or hurt really badly in the army, NARCs are fucking worthless buggers.

Edited by Horribla (03/28/08 10:39 AM)

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Re: Fighting Federal Sheduling's Constitutionality [Re: Yoschie99]
    #8205306 -

Quote:
i hope nick gets killed by terrorists.



:dielaughing:

You guys have no idea. I lived in a fuking tent with dumbass, and he fuckin' sold me out for  the military. What a fucker.

I got more posts to read.


--------------------
My advice is to find those things that give pleasure and do them often without too much attachment and relax and wait for the show to end.

-Icelander-

I like free markets and all. Truly I do, at least in general, but there needs to be some kind of oversight in recognition of sustainability. Life works the same way, on a bunch of sustainable systems. Why not honor what made us what we are and take some lessons? Nature FTW!

~dill705~

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Re: Fighting Federal Sheduling's Constitutionality [Re: dill705]
    #8205307 -

Here's what they got, Nick telling them everything he knew truthfully :nonono: , my ex-girlfriend's already demonstrated she's willing to testify for her statement in the police report that says she's seen me sell drugs, and I have no decent way to show how I got the money.

What do you guys think about that?


--------------------
My advice is to find those things that give pleasure and do them often without too much attachment and relax and wait for the show to end.

-Icelander-

I like free markets and all. Truly I do, at least in general, but there needs to be some kind of oversight in recognition of sustainability. Life works the same way, on a bunch of sustainable systems. Why not honor what made us what we are and take some lessons? Nature FTW!

~dill705~

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Re: Fighting Federal Sheduling's Constitutionality [Re: dill705]
    #8205312 -

.

Edited by old mushmellow (11/22/08 10:23 AM)

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Re: Fighting Federal Sheduling's Constitutionality [Re: old mushmellow]
    #8205439 -

I don't understand how your ex-girlfriend managed to get a statement into the police report. Was she around when this happened?

If not, it's unlikely she would be allowed to testify against you at trial.

Judging by your description, it sounds like a flimsy case. After all, it's not illegal to be in possession of a wad of cash.

Point the finger at the narc.


--------------------
Always
Be
Closing

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Re: Fighting Federal Sheduling's Constitutionality [Re: scout24]
    #8205548 -

yeah, she was there when we all were arrested.


--------------------
My advice is to find those things that give pleasure and do them often without too much attachment and relax and wait for the show to end.

-Icelander-

I like free markets and all. Truly I do, at least in general, but there needs to be some kind of oversight in recognition of sustainability. Life works the same way, on a bunch of sustainable systems. Why not honor what made us what we are and take some lessons? Nature FTW!

~dill705~

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Re: Fighting Federal Sheduling's Constitutionality [Re: Yoschie99]
    #8205798 -

Yoschie99 said:
i hope nick gets killed by terrorists.


shot in the back by his platoon while running from a firefight


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

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Re: Fighting Federal Sheduling's Constitutionality [Re: Prisoner#1]
    #8205809 -

LMAO. That motherfucker. He was starting to grow on me too.


--------------------
My advice is to find those things that give pleasure and do them often without too much attachment and relax and wait for the show to end.

-Icelander-

I like free markets and all. Truly I do, at least in general, but there needs to be some kind of oversight in recognition of sustainability. Life works the same way, on a bunch of sustainable systems. Why not honor what made us what we are and take some lessons? Nature FTW!

~dill705~

Extras: Filter Print Post Top
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