Busted in Illinois

[FlowerFarmer]

I dunno..

She signed and they gained legal entrance. They caught you red handed...not sure there is much admissible about that. I wouldn't rely on jury nullification.
I'd take the plea.

But I'm not a lawyer.

She was not charged as well in this whole ordeal?
I mean.. the stupid bitch called the police and told them there were plants growing in the house that you both reside in.

You learn your lesson with this one yet?


PS - for other growers finding themselves in similar situations. You cant just shit storm break up with your wife/girlfriend (yea.. as much as you know she wouldnt do that...) like a lot of people do. When growing illegally it really is in your best interest to get your cool, clean your life.. and then drop the bitch. You cant let your emotions get the best of you while committing felonies. Seen too many friends deal with these headaches that could have been avoided.

Not speaking directly on you SP, you tried to walk out, but just wasnt enough in your situation. Knowing that you've battled her before you shoulda false made up to by you a few days and clean shop. But hindsight is 20/20...

Hope it works out for you man whichever route you choose.

 

[Puffaluffagus]

The bitch is trying to set me up your Honor, they're all her plants.
She wants to sink the ship that is your home together, then it goes down with all hands onboard.


Seriously though, you said you have a good private attorney, I'd go with his advice, that's what you're paying him for.

 

[johnipedestran]

Well, I want to be an attorney, and I think the plea is not bad. You in a bad situation domestically.
Maybe you are mentally in a place where you don't care if you have to go away for a couple years. Maybe it is worth it to roll the dice.
I assume you ain't worried about custody...
This is another great lesson about the importance of a stable home life for a grower
Good luck
peace
jip

 

[mowood3479]

do what ur lawyer recommends.... id prob take the plea.. unless there is some angle i dont see to get the search thrown out...
ur wife.. sucks. im sorry all that happened to you man.. that isnt right.
id be gettin some getback on that one

 

[Stranger]

Do what the lawyer says if you trust him.

Personally I wish every single case like yours went to jury.

The system could not handle it if we all just said no to their bullshit deals every time and demanded a trial.

Since the jury will not be notified they even have a choice called nullification, that might be a stretch.

PS: I swear they were all her plants your honor, she begged me to help.
I told her by the time I got home they had better be gone. I guess that's when she called you guys.

 

[skunkpunk]

Yes the vast majority of people have recommended taking the plea, and I'm sure my attorney can have the wording or find another class 4 that doesn't include intent to deliver. The only reason I have been pondering the jury nullification is because there was a guy here in IL in 2009 who beat his case of like 25 pounds and another 30 pounds of plants, he had scales and baggies the whole shebang. He claimed it was for person use, granted he WAS a war vet who had PTSD and something else. I just feel like based on the communities and my peers responses that attitudes are changing and at least one person in the jury could in some way sympathize (I live in a small farming community where everyone knows everyone). Even my employer has nothing against me, they never gave me any shit for the couple days I had to take off till I got bailed out. Both my supervisor and the plant manager are more than happy to write the judge a letter of "character". And all my neighbors (who don't smoke) all say that they don't think poorly of me for being a grower/smoker, but they all think my wife is a horrible person.
Idk, maybe I'm just getting all worked up over nothing, maybe I should just shut up and take the plea. I really just feel morally conflicted. If you don't challenge things at this level how wil we ever make any ground on state and federal levels. Most people would take the deal, but most people are scared. I'm scared too, I don't want to rot in prison and lose everything. But another part of me says "fuck that, fight this shit, stick to your guns, and stand up for yourself!"
And yes I advise anyone who has anything going on to stay cool be very Very calculated when making decisions based on feelings and emotions. When I left I told her she could have the house and custody of the kids, that wasn't enough. When a rat feels cornered it will bite. She not only knew full well, but she was my partner. Watered, cared for, harvested, trimmed, and smoked. Every attorney I talked to (like 18+) said "and they didn't arrest her?". So yes it is very upsetting to know she will walk away from this unscathed. And yes hind sight is ALWAYS 20/20. But not a lot I can do about it now. I'm Not a snitch, I can honestly say a snitch is the lowest form of life. If I out her in the courtroom then I'm just as bad as her and every other rat.
But thank you for all your input, I will def keep this thread active as i can in hopes I will be able to share my story, decisions, and the final outcome.

 

[noyd666]

not guilty your honor. fuck em, it is unjust law, test them out ,plead nothing out . you wont rot in jail ,i think you allready know what you are doing, sounds like you know which end is up, not ratting out the bitch is step in your favour, she is shit, you are not. seen these bitches turn on my friends time and time again. all the best tiger.

 

[Phillthy]

if you go down you must take the wife with you. she knew about the plants and is just as guilty as you are in this matter. that and she snitched on you so there is the principle involved.

 

[otis33]

I am not so sure a jury in a farmimg community, in Illinois, is going to be sympathetic with someone who grows marijuana. IL is not as forward thinking as some of the med states. Take the plea, be good, get it expunged down the road. I've heard of situations, in your state, when probation is successfully completed, the felony becomes a misdemeanor on your record. Have you lawyer explore that option.

 

[FlowerFarmer]

Screw trying to take her down with you. Karma will have her way with her somewhere down the road....not your problem.

Do whichever you decide and try to move on with your life. With children it sounds like you'll be having to deal with her in some form or another until they are of age. Best not to throw more gas on this fire or it will never go out.


Again, I'd take the plea. Not because I'm scared of prison, but rather because I'd want to get on with my life as soon as possible and they are giving you a no prison time offer to do so. Sometimes being the hero is not the correct path. While many may benefit from taking to trial, I dont trust the jury process.

I was called to jury before. We were sat in a room where the defense and prosecutor got to speak to us. It was a domestic violence case against a black couple. The only evidence they had against the man was a cop's testimony and a previous incident 10 years prior. That is it.

As they went around the room they questioned if anyone had a problem with the evidence. I was removed from the process when I announced that I could not say without a reasonable doubt that the man was guilty just because a cop said so. After leaving the room I realized that I likely just determined this man's destiny. Everyone who was remaining in the room had no problem prosecuting this man with such lack of evidence... and this was before the trial even began. They were setting the stage for the prosecution before things even got rolling.

It should have been a very difficult decision for everyone there, but apparently it was not. I certainly didn't want a women beater terrorizing the streets some more, but neither did I have the proof to say he really was one...just some penis headed cop's testimony and some loud mouth girlfriend/wife.

Maybe a cultivation charge would play out differently, but this black man was fucked as he faced his peers (a bunch of racists old white ladies) before anyone could even say a word.

 

[Phillthy]

i would send my kids to foster care then to live with a bitch like that. if i go to jail she does too. that IS karma.

 

[Oliver Pantsoff]

Your wifes a biyyyyyyoooootch!!! This broad is the one cheating, then she gets mad n rats you out to the police...Thats fucked up..

OP

 

[nukklehead]

The bitch is trying to set me up your Honor, they're all her plants.
She wants to sink the ship that is your home together, then it goes down with all hands onboard.


Seriously though, you said you have a good private attorney, I'd go with his advice, that's what you're paying him for.

Had a similar incident in the hottest of the heat of the moment ( thank god no children involved and we are fine now.. no infidelity involved just the usual marital bullshit) she pulled the card... My response was that you knew and benefitted from this just as much as I have and you will go down with me just the same.... Like I said.. much easier said then done withouy children involved.. I learned to invoke this amendment on my present and forever second wife, after dealing with the first one.. if you get my drift

anywho good vibes and heart goes out to you and your situation in the great land of stincoln.. ( how did i know that???) lol

 

[BrnCow]

Someone I knew in another state - not Ill - got busted with 2 pounds of dro and some other shit. They plead to 2 years probation, fine, 80 hours community service, and the charge was a felony but if they finish probation, they get their gun rights back and the charge removed. But they have to take it to court to get it off the record. Another person got caught with hash and dro was offered the same deal but they pressed their lawyer to contact the DA and make a better deal. They offer the DA their idea of a plea bargain. It was one year misdemeanor probation, a $1000 fine, 80 hours community service, and the city got to keep the money they took off the guy - $750. They also lost their drivers license for 6 months but their lawyer took them before the judge later and got them an occupational license where they could drive from 7a.m.-7p.m. Mon-Fri. The could not drive on weekends. They also had to have an SR22 insurance rider on their car insurance for two years continuously. The city added about $1000 worth of bullshit fees and shit. Probation charged them $60 a month with random piss tests and they were required to see the probation officer for a permit to travel out of the county. They were able to go to the ASPCA and instead of cleaning dog cages, were able to make a $2 per hour to skip the community service. - $160 total. They have a notice on their car if it gets pulled over or the tags run by the cops that the owner was busted for pot. The hot list runs for a year for smaller busts. After that they go on a lesser list but still on the list...the point is that your lawyer can deal it down if you decide to plea out and maybe able to deal down after you are convicted but maybe not also...hope the judge like you and him. Keep your act together and don't piss on their parade and things might go okay...then forget growing illegally again...it is over...

 

[justpassnthru]

I am presuming this is State Court?
Personally, your chances are better in the State System. However, there is no need to be a martyr, either.

I'd feel bad, if you were still doing community service and have to sweep up 'roaches' after legalization.

However, if you have children..ALWAYS, put them First! imho...There are plenty of martyr's. And if everyone bothered to get their lawyer, as you did, we might have less to worry about.

YOU have to live with YOUR decisions. Frankly, who is to say, those plants are not her new boyfriends plants? Really?

Do you know, if she is planning to testify against you?

I like the idea: Be up front about it: " If I go down, you are! " Good one to remember, for the future!

If this is Federal Court..plea, as said, get the best deal. jpt

 

[Scrappy-doo]

Bro your wife is the snitch. You're trying to make the best of your situation. If taking her down with you helps your case at all, then she has it coming to her. She did this, not you.

 

[justpassnthru]

What does your lawyer say, of the plants and the count?
You, ARE aware, that Ed Rosenthal is an expert witness?
I am sure, if he is a NORML, lawyer, he should know that. And other resources that, really are expert.

If the nullification worked for 25 pounds and recently worked in, another case. You have to weigh your options, carefully. It would be wrong, to talk you into doing something, YOU weren't comfortable with. Once, you make up your mind...

The activist community is Working on teaching America of Jury Nullification regarding MMJ cases. However, ask your lawyer.. "Will I be allowed a Medicinal Marijuana Defense?"

That would be my big question, in that state? Even in CA, some Judges, will not allow that, for a defense. The judgements, have been reversed, but it happens. Please, ask more questions, before you decide? jpt

 

[skunkpunk]

First of all I'd like to thank everyone for the kind and supportive responses. I'm glad everyone here can see it for what it really is.
Secondly, yes my children are my first priority. That being said when I had to explain to my 8 year old daughter why the police arrested me when i was picking her up from school she couldn't understand how they can arrest someone who did nothing that hurts anyone. I have always used caution and kept my use private, and the grow was out of sight and locked away. Its pretty sad that an 8 year old with no bias whatsoever can see things for what they really are. Which brings up another point going back to the "martyr" topic, if I lay down and take the plea what does that say to my kids? Yes I want to be there for the, no question. Yet I feel I have the responsibility of teaching them to stand up for what they believe in and to question things that don't make sense.
I plan on listening to what my attorney says and I have faith in his recommendations. He has 25+ yrs experience in criminal defense. I just want to be as educated and informed as possible. I Google cases like mine, criminal law articles, and everything I can read constantly. I want to be on the same page as my attorney, it will make my decisions easier and it will make his job easier not having to explain every little thing to me as we go.
So that is why i started this thread, just so i can get some of these thoughts, feelings, and ideas out there and be able to bounce them around and get feedback and support. This is a very isolating experience, I can't really talk openly with anyone I know in fears of implicating myself. Not that I don't trust anyone, just being overcautious because I feel I have to be and I don't want to burden anyone. Right now i feel like he is playing it slow, thus far the state has been very "loose" in the way they have handled everything and the police were very sloppy. At this point in time the state has 17 days to get their lab results back. It would be fan-freaking-tastic if they failed and the case was dismissed on a technicality, but I'm not going to hold my breath either.
Ed Rosenthal as an expert witness?!?! Nice, i did not know that, very cool thank you. If my attorney doesn't know I will be sure to bring it up.
I also know I will never be able to grow illegally again, I will have to go somewhere safe and play by their rules, and will most likely always be on the DEA and the Fed's radar. So yeah, that sucks but what can I do, right?
Anyway, thank you all again. You have been very helpful and I can't thank you enough. It's nice to have someone to talk to, I consider all of you friends.

 

[Nadicus_Maximus]

How did you catch her cheating again? It may be relevant if you get to tell your story at trial. Jurors can be very sympathetic they tend to put themselves in your position and say what if it were me. I would bet out of 12 several of them will be smokers.

 

[skunkpunk]

We had gone out the night before and went to a friends house for an after hours get-to-gether. The friend asked us to text her and let her know we made it home ok, I grabbed my wife's phone to get the number so I could text them and there was multiple text from that day of him and her. I have told both her and him to stop talking to each other (really sad I have to try and tell 2 adults who have no business talking to eachother to not talk to each other) on multiple occasions.
I blame a lot of this on myself I guess, I took her back because she called me sobbing. She was upset because guys "use" her, and she was working minimum wage, and all she could afford to live in was a trailer. I felt sympathetic and let her come back. This bust and me catching her cheating came only 6 days after I had called my lawyer and had her dismiss the divorce.
When I originally caught her cheating I was very calculated and had removed everything illegal from the house, taken many pictures, documented her misdeeds, and filed for custody and divorce before I even told her I knew. She ran upstairs with a camera immediately after I told her I knew everything. When she got upstairs and saw everything was gone she went apeshit and started breaking shit and throwing things. I also was able to get an order of protection for me and my children.
Unfortunately this time I let my feelings get the better of me, when I left I just wanted to get away from her and think about everything. I got a text an hour after I left saying "plants are gone, cops are looking for you. I'm so sorry, I know I swore I'd never do this."
So yeah, that's how all that went down.