How you can beat your marijuana charge without a lawyer (seriously)

Discussion in 'Cannabis Activism' started by bigfatpothead, Feb 27, 2008.

  1. bigfatpothead

    bigfatpothead Member

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    How you can beat your marijuana charge without a lawyer (seriously)



    There is a way for you to beat marijuana charges, but a lawyer won't do it. You must do it yourself. If you have a lawyer, you must fire him, and revoke your plea.

    Our paperwork is designed for the religious use of marijuana, but it works for all potheads, because we are all Honorable catechumen.

    go to

    http://brothersformercy.org

    and read the instructions

    as well as download the paperwork.



    The second coming is Jesus anointed with marijuana in the courtroom Through his Honorable catechumen, the Potheads.



    You have your Holy orders to bring down Babylon



    Yours in the Anointed,



    "Greg"



    Rev. Roland A. Duby



    http://groups.google.com/group/silverbulletcannabis
     
  2. -CoDy-

    -CoDy- Member

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    i doubt that.

    no offense.
     
  3. i2ghostman

    i2ghostman Banned

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    how you going to go against a bunch of etherheads, They are the most high in their delusion cause they have all been asleep... sober faith will bring down babylon..
     
  4. Therese Aline

    Therese Aline Slave to the man

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  5. Zoonjoo

    Zoonjoo Member

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    this might actually work. Rastafarians believe marijuana must be smoked for religious purposes and the constitution guarintees religious freedom.... without conforming to contridicting laws.
     
  6. i2ghostman

    i2ghostman Banned

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    yeah it works but they still take your weed and tie you up in court. just to free you and keep your weed...
     
  7. wordman

    wordman Member

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    ok, you have my attention, now i have some questions. has there been any legal precedant set? has anybody beaten the wrap with this defence? Will this work as a preventative measure or just after you've already been busted?

    I truely believe that cannabis, mushrooms and peyote are a sacrament and a medicine. that they will help to heal the world eventually. it's good to see that i'm not alone.

    any info you might share would be appriciated.
     
  8. m.justice

    m.justice Member

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    doesn't work. seminal case is employment division v. smith. smith was denied state unemployment benefits because he lost his job upon testing positive for peyote. smith argued that his peyote use was part of a religious practice. supreme court held that there are no religious exemptions to laws of general application. compare with the animal sacrifice case in florida, where the supreme court held the law was unconstitutional because it targetted the religious practices while letting butchers and scientists continue to kill the same animals

    congress responded with the religious freedom restoration act. the statute attempted to restore the law to the pre-smith state in which state governments would need a compelling interest to interfere with the free exercize of religion.

    the supreme court then invalidated the statute on the grounds that it was an attempt to interpret the constitution - a matter which the Court gets the final say on.

    Thus, unless your state has broader religious protections than the federal constitution, you'd still be subject to state law prosecutions. Even then you'd remain subject to federal prosecution.

    sorry for the bad news.

     
  9. m.justice

    m.justice Member

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    there is one way you can beat a charge - and a lawyer can't do it for you - and it's real fucking dicey: jury nullification. typically, a jury doesn't know the sentence or potential sentences when they determine inncocence or guilt. the reason this information is kept from them is so that the jury doesn't conclude that the defendant engaged in the prohibitted conduct but aquit them because the jury disagrees with the legislature as to the appropriate punishment.

    lawyers can get in trouble for disclosing the sentence and/or arguing for jury nullification. they will not do it for you.

    a famous case of how an attempt at jury nullification can place somebody in a better bargaining position for plea deals is n.j.weedman. google him, and read how he was cahrged with hefty crimes, and ran for office and engaged in publicity stunts to get the word out that he faced long term imprisonment for victimless non-violent crimes.

    its a ballsy move that could back fire big time. you have to have the right case and be the right person for it to even have a remote chance, and even then your more likely to piss off the judge who is going to be sentencing you than depriving the judge of the oppurtunity.
     
  10. -CoDy-

    -CoDy- Member

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    Good plan, but like you said...it's not going to make the judge very happy. I think most judges are just opinionated in their sentencing and the types of people they sentence. Stereotypes.. you know what I mean.

    I once got a 4 point reckless driving in court because I was 19 years old and he "believes 19 year olds are still learning to drive."
    Fucker.

    I was 100% innocent by the way. Long story haha. Fuck you judge.
    That still pisses me off.
     
  11. deleted

    deleted Visitor

    no offence.. The judge was once a teenager also. And probable said the same thing when they got pulled over. And Im sure that that 4 points made you drive a little more civilized. Even if you were not uncivil to begin with. Youth control measures weve all had to live with.
     
  12. BudBill

    BudBill Dark Helmet

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    Hmmm odd. I was on a jury for a man charged with murdering and robbing a weed dealer and before final deliberation the judge came in and told us the potential sentances that he could give if a guilty verdict was reached.
     
  13. wordman

    wordman Member

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    that sounds about right, M.Justice. the supreme court has a long history of usurping power by legislating from the bench. the examples are staggering in number.
    in my experience , most (with few exceptions) judges are arrogant, self rightious pricks and don't really take kindly to being questioned in their authority.
    I do know however that James (Flaming Eagle) Mooney just won a case in the Utah courts giving him the right to distribute peyote for religious ceremony, reguardless of race. It was viewed locally as a big victory. It was in all the news papers here. (the daily harald-Provo...The salt lake tribune, deseret morning news.)


    i will be doing a ceremony with Mr. Mooney at the end of this month. if anyone is interested, i will ask him about the details of the case and return and report.

    much love & peace

    Q: What do call a crooked lawyer with an IQ of 50?
    A: Your Honor.
     
  14. bigfatpothead

    bigfatpothead Member

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    unfortunately every case is won without entering a plea.
    so there is no caselaw. but if you really understand what to do in
    court, you hardly have to say anything.
    here's how one of my cases went. keep in mind this is an ideal situation, judges don't normally go along so easy.

    I was arrested in Gallatin County ky and before I went to court for arraignment I filed a Demand for a Bill of Particulars, and I served copies on the prosecutor and the judge. On arraignment day the judge said "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"

    I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand, I would like a continuance so that he may have time to answer." The prosecutor stated that he would not answer the demand. I then handed the prosecutor and the judge via the bailiff, copies of my motion to quash based upon the failure of the prosecutor to answer the demand which is prima facie evidence that the indictment was flawed.

    The Judge continued the case.

    The next time I went to court the judge said again "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"
    I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand" the judge looked at the prosecutor, the prosecutor said he was not going to answer the demand. then the judge said "Case dismissed"

    we have the paperwork down to a science now, we know what the judge is "probably" going to do, and we have made provisions for all the stumbling blocks we came across over the last 12 years.

    If you want copies of the paperwork they are available for free as well as instructions.
    on my website.

    Rev. Roland A. Duby
    http://www.brothersformercy.org


     
  15. bigfatpothead

    bigfatpothead Member

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    You will find every constitution protects due process, this includes your right to face your accusor, the right understand the nature and cause, and the right to demand these things in a Bill of Particulars.

    we are basically taking the judge out of the picture.
    We serve the prosecution with the demand and give him 30 days to answer.
    tell the judge you are there in court on special appearance to see if the prosecutor has an answer. ask for a continuance to give him time.
    If the judge enters a plea for you, then file a denial of plea. come back at the next court date and ask the prosecutor for the answer. If no answer then hand a motion to quash based on the prosecution failure to answer.
    That failure is called acquiescence and is evidence that the prosecution has no case.

    Roland A. Duby
    http://www.brothersformercy.org




     
  16. warmhands420

    warmhands420 curmudgeon

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    At pretrial the judge in my case let me know that my guilt had been established in the eyes of the court and if I insisted on a trial I faced the maximum jail time for possession and use. If I agreed to cop a plea the charge would be reduced to use, I still got the max for that but no jail time. The moment the cops get involved your screwed, its their word against yours and the court backs them up.
     
  17. bigfatpothead

    bigfatpothead Member

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    that is why we do what we can to "STAY OUT OF COURT"
    don't enter a plea
     
  18. warmhands420

    warmhands420 curmudgeon

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    When I was busted I was handed a citation with an order to appear in court, you don't comply and you are automatically in contempt of court, a warrent is issued for your arrest, and your license is suspended. If you don't enter a plea one will be entered for you, not guilty, by the court and a trial date will be set. The prosecutor is there to try and plea you out to avoid a trial. You get his best offer and in my case he dropped it from possession to use. The judge let me know that according to the evidence presented by the prosecutors office that I was guilty and could expect the max if I went to trial, she was going to be the judge at that trial. 5 more months and I am a free man again. Best bet is hire a lawyer who plays golf with the judge, buys him/her lunch, and contributes to their re-election campaign.
     
  19. 40oz and chronic

    40oz and chronic 'Nuff Said

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    hahahahahaha omg
    this is so riduclous.
     
  20. bigfatpothead

    bigfatpothead Member

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    QUOTE=warmhands420]When I was busted I was handed a citation with an order to appear in court, you don't comply and you are automatically in contempt of court, a warrent is issued for your arrest, and your license is suspended. If you don't enter a plea one will be entered for you, not guilty, by the court and a trial date will be set. The prosecutor is there to try and plea you out to avoid a trial. You get his best offer and in my case he dropped it from possession to use. The judge let me know that according to the evidence presented by the prosecutors office that I was guilty and could expect the max if I went to trial, she was going to be the judge at that trial. 5 more months and I am a free man again. Best bet is hire a lawyer who plays golf with the judge, buys him/her lunch, and contributes to their re-election campaign.[/QUOTE]
     

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