Asking for legal advice before doing something?

[krustytheclown]

How would a lawyer react if you presented them with some hypothetical situations so you can be better informed how the law works in your area.

For example, if one wanted to grow some marijuana, how do prosecutors determine the charges/what charges to pursue for conviction? Do they go by weight, number or plants, or other factors?

Then, depending on their answer, you ask, "So, if one were to grow X number of plants, they could reasonably expect to only be charged with Y charge, yes?".

Would lawyers turn you in to the cops for asking these sorts of questions?

The idea is to get a good understanding of the legal risks associated with certain practices (SOG, growing near playgrounds or schools, where one can grow and not be within X feet of a school or playground which could result in additional penalties, etc.)

 

[ItsGrowTime]

Once you speak with a lawyer regarding anything illegal that you have done or are considering then they are bound by attorney-client privilege rules and CANNOT "snitch" on you to police. There are certain minor exceptions to this rule though. Just do a yahoo on attorney client privilege and youll find plenty of info on it.

Did the work for ya:
http://en.wikipedia.org/wiki/Attorney/client_privilege

It pretty much explains that seeking general counsel on something like growing is fine and the attorney can't just run to police BUT the attorney can't further your criminal actions. If you do speak with an attorney, be vague about the situation. Btw, most of what you are wondering can be found on the net without involving an attorney. Just look up your state's criminal code online.

 

[mapleboy]

Best to go thru the NORML site.. state guide lines are tough in area's..NOT SO tough in others.. rather than contacting a local Atty.. I'd go w/the guys in the "KNOW".. and NO an Atty would be bound legally NOT to snitch... IF you PAID for the visit... if it was a freebie... Dunno but WOULD DEFINETLY check!!
MB

 

[Guest]

I would suggest you put a Lawyer on Retainer. IMO every grower should have one. This can make a HUGE difference in what happens should you become involved with the State of Federal government.

Who Ya Gonna call??

 

[krustytheclown]

ItsGrowTime- thanks for the link. It would seem to me that if I were to tell a lawyer that I was considering doing something illegal, they would be obligated to inform the police. Say, for example, I visit a lawyer and tell him I'm going to kill my wife and children (which I would never do; this is just an EXAMPLE). I seriously doubt any bar association would punish a lawyer for telling the police. Especially if I get caught trying to do just that. In personal experience, I can tell you a medical doctor is OBLIGATED to contact police if you say you are going to/want to hurt yourself or others (I didn't want/try to hurt anyone, a doctor just told me that as part of his new patient introduction).

mapleboy- the NORML site contains outdated and unreliable information. It's a good place to start, but it is by no means accurate.

SunBursT- I agree totally, which is what I am going to be doing. Hence my OP

So we are clear: DO NOT SOLELY RELY ON THE INTERNET FOR LEGAL ADVICE!!!

The best place to get advice which is best suited for one's situation is a local lawyer.

Which leads me back to my main 2 questions:

1) Is it possible to discuss how one can go about illegal activity with a lawyer, without them being obligated to report the conversation to the police?

2) How best would you suggest one broach the subject?

The idea is to know how best to start an endeavour and minimize one's legal liability.

 

[Liam]

Most lawyers don't even know this shit, and they won't tell you for free.

Just mention the country your in, number of plants, I'm sure people that have been busted will fill you in on how it goes down.

Best advice is when arrested, SAY NOTHING, don't sign ANYTHING... pick the night in jail over the police conditional release so that you just go before a judge, thats where it gets hazy for me, since i was pressured/forced to sign the conditional release.

 

[krustytheclown]

Most lawyers don't even know this shit, and they won't tell you for free.

Just mention the country your in, number of plants, I'm sure people that have been busted will fill you in on how it goes down.

Best advice is when arrested, SAY NOTHING, don't sign ANYTHING... pick the night in jail over the police conditional release so that you just go before a judge, thats where it gets hazy for me, since i was pressured/forced to sign the conditional release.

If you read the previous posts, I am fine on paying for the advice. BTW, when one needs advice on a topic, you ask an expert in that field. So, for example, if one wanted to better understand the drug laws in their area, they would ask a lawyer who has lots of experience in it. Presumably, local activist organizations such as LEAP, NORML and others could make point one in the right direction. Duh!

Secondly, you are out of your damn mind if I'm going to say where I am and exactly what I intend to do on the internet. While I'm at it, why don't I come to this site without an anonymizer and post my real name and address in my sig? My avatar can be a recent photo of me, too.

Your last bit of advice is good. Everyone needs to learn it and live it: don't say anything, don't give up your rights, get a lawyer; you cannot talk your way out of criminal charges. Sorry to hear about your experience. You wouldn't think so, but it is quite hard to resist the pressure the cops place on you when you are being interrogated. I hope you are all right.

 

[stonedeconomist]

Secondly, you are out of your damn mind if I'm going to say where I am and exactly what I intend to do on the internet. While I'm at it, why don't I come to this site without an anonymizer and post my real name and address in my sig? My avatar can be a recent photo of me, too.

what he said, you can't be to paranoid, especially if your doing a comercial grow.

 

[legalizekindtok]

put em on retainer...then tell all your dirt!!!

 

[Guest]

I have a question, How do I explain to the attorny That I want to pay him a retainer? For what he is going to ask... Do I just say JUST in case???? Please explain that process. I mean no disrespect but I want to know. I have always had a friend that has a nice savings account and instructions on who to call.

 

[mtnjohn]

if you want to talk to a lawyer about growing then you should contact one of the lawyers listed at the norml website
..and call from a payphone just to be on the safe side

http://norml.org/index.cfm?Group_ID=3445

mj

 

[Guest]

I contacted a couple lawyers about what can be expected under different circumstances.With one,I said a friend got busted with 3 plants in his yard and inquired as to if he could lose his property.His answer"You better believe it and get him in here right away.In another instance I contacted a cannabis lawer in town and told him a friend was recently busted for growing five plants indoors and again inquired as to the seriousness of the situation.His reply,"a probable 5 years prison sentence and possible asset forfeiture.Get the picture?Christ an aquaintance of mine got busted with 35 plants and never spent a night in jail.Another words,no matter what these lawyers say or the guise they choose to operate under,their mandate is the same.To scare the fuck out of you,get you in their office,and take your case if you made enough money selling erb lol.Lawyers are for after the fact and hopefully for all of us,there will be no after the fact!