Busted in Illinois

[Nadicus_Maximus]

Thanks for sharing SkunkPunk, it was sort of crass of me to ask and I apologize for that. My personal feeling is that I don't think you would get a jury to agree on a guilty verdict under the current national mindset of loosening the MJ laws, especially if the plants were small and you explain that you were planning to thin them out for personal use. There are lots of closet tokers out there and I'm willing to bet several will be sitting in the jury. They will also be empathetic with why it all went down. I think your fine going to trial, they wont make the distribution charge stick.

 

[skunkpunk]

No worries, normally I'd feel a bit foolish sharing my personal life with strangers on a public forum. But, at this point I feel a bit justified in exposing her for who she really is. No one but close friends and close family know the real story. My neighbors figured most everything out based on they're own observations. I really can't explain the amount of distrust I have now. But I will be fine, I'm strong willed. I'm a kind person with strong morals and heart. Really in all of this criminal and civil the kids are the ones who are effected the most, it's them I am concerned for....

 

[Fred el Gato]

Well you have a text that proves she was in on it with you. But you have stated you don't want to take her down with you. Remember, as I well do, the judge does NOT have to take the plea, he can throw what he thinks is the best sentence, be it less than the agreement but usually more. So if you take the plea it's not what you,your lawyer or the prosacutor agreed too, but what mood the judges is in at that moment is.

 

[Yikesy]

Without reading the police report it is difficult to give you a straight answer. Many states have laws and rules against obtaining consent to search by coercion. If she declined to sign the consent, and they lied to her to obtain the signature, you may be able to get it thrown out. I don't practice in Illinois, but you can check with your lawyer.

After examining the coercion factor, they will look to inevitable discovery to overcome the coercion. Meaning, would they have eventually found the plants anyway, by getting a judge to sign an actual warrant. This is where discovery comes into play. If they don't furnish it in discovery, it doesn't exist. So, your lawyer will have to file an evidence suppression motion, and you will have a hearing. If your lawyer can convince the judge of, 1) coercion, and 2) the police would not have been able to obtain a warrant based on the facts as they were presented, then you will get the entire case thrown the fuck out.

This is something your lawyer should have discussed with you, and is heavily dependent upon how the police report and probable cause affidavit is worded. The police are not going to admit to coercing your **** bitch wife in their depositions, but something could have been worded in the report that would indicate it.

There aren't a lot or road scholar police officers, so you may get lucky.

 

[FunkBomb]

This whole story is quite depressing. The only advice I can tell you is do right by your children, get away from that woman, and avoid getting a felony on your record. I wish you the best of luck.

-Funk

 

[brotherindica]

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.

No worries, normally I'd feel a bit foolish sharing my personal life with strangers on a public forum. But, at this point I feel a bit justified in exposing her for who she really is. No one but close friends and close family know the real story. My neighbors figured most everything out based on they're own observations. I really can't explain the amount of distrust I have now. But I will be fine, I'm strong willed. I'm a kind person with strong morals and heart. Really in all of this criminal and civil the kids are the ones who are effected the most, it's them I am concerned for....

REALLY sorry to hear your story. Hope your lawyer takes care of business and things go well. Best wishes!!

 

[shagdawg420]

wow that sux illinois prison suck so try to stay free

 

[justpassnthru]

Hey Skunkpunk, How you holding out?

I do know, people, that are doing, exactly what you are! The most important thing I've heard is, "I want to be a part of the History. The History, that makes it possible for my grandchildren to be healthier, legally!"

And, I've met his children and grandchildren. They mean it! I admire and respect them for that. I am not sure, what I would do. But, I would tell the truth that it was not yours! As, it was 'ours.' At the very least, teach your children, to be honest and tell the truth about her. No need to take, anymore bullets than need be. Are you going to lie, for her? NO. Tell the truth about the plants. Last time she cheated on you, she went nuts and tore up the house, with her anger.. She asked you to grow, so she could control it. Hey, you got custody the last time, there is a reason...

Wait, do you have to say anything?

You are not far from Wis/MI...which have MMJ. You have many factors to consider. jpt

 

[justpassnthru]

https://www.icmag.com/ic/showthread.php?t=247924
This is a thread here on Jury Nullification on Oct. 2012...

Encouragement...for whatever, you decide! jpt

 

[mowood3479]

skunkpunk... if i were you, I would not put my life/freedom in the hands of a jury, hoping for jury nullification. there are ALOT of morons out there, and especially so among those who cant or dont figure a way out of jury duty.
you may not be allowed to present a medical defense... you may say you didnt intend on flowering all those plants... the DA will say how obvious it is that was your very intention.. how you had a sophisticated and long running criminal enterprise.. how you were infecting the community with these "drugs" and profiting from the suffering of others.. then the da will march in several experienced expert narco cops to testify to all the bs she has spewed in court.. and to top it all off.. you may just find your lovely wife testifying on the states behalf...
unless you have a shot at getting the search tossed.. you are hit. DA's and cops have made careers out of fucking people and taking their freedom.
Be wary of those who will tell you to stand up for yourself.. the court system is a joke. and the joke is on the accused...
unless by chance u draw a very liberal judge get ready to pay a ton of $... be on probabtion for a bit.. and move on.

and btw id be growing again the day i got off paper but that is just me..

with all that said.. I have beaten a trafficking charge on a motion to supress a bogus search.. it can and does happen.
I dont personally know anyone who has beaten any charge on a jury nullification.
make sure ur lawyer is smart competent and motivated and then do what it is they suggest...
prison sucks, do what you can to stay out.. and good luck healing through all this. it is a hard thing to go through (id imagine). keep doing the right things and you'll be ok no matter how it turns out..

 

[thinkin]

Sucks

You need to consider claiming the plants were your wifes (and yours).
If you don't, you might lose custody of your kids and house.
Must consider the divorce (trial) later.

The probation deal sounds good but, I think you can get a better deal. The distribution charge can be beaten. Hope your lawyer is very good.

gotta say WHAT A C u n t !

 

[ThaMagnificent]

This state sucks. Instead of worrying about their $8 billion budget deficit or $2.8 trillion in unfunded pensions owed to state workers they focus on busting grow operations.....Great work Illinois! Thank you for continuing to make us the laughing stock of the country!

 

[skunkpunk]

Yes, Illinois is fucked. And yes they have much better things to worry about. When I was taken in on the warrant they issued I was put in the county jail, in which there were 29 heroin dealers/addicts as well as folks in for crack and methamphetamine. I was locked away with real criminals, criminals who deal death. I'm not that kind of person, I don't really even drink. I work in renewable energy, I like science and physics, I play with my kids everyday, and I'm a loyal trustworthy person. I know what I did was technically wrong, but i seriously doubt the punishment fits the crime.
I will be talking to my attorney again soon, we are waiting for the state police crime lab to return the test results. Right now they technically can't prove whether or not its pot or potatoes . The judge gave the DA 21 day to get it, hopefully they are super busy and i'll walk on lack of evidence. Lol, yeah right!
I'm just playing it as cool as i can, it just really sucks because to be with my kids i have to stay in the same house with her. At the moment she claims she will not testify, but I'm not going to hold my breath. I can't wait till this is all over, I will transfer out west like I should have long ago. It really sucks that this whole processes takes so long. It will be a couple months before i even get to pretrial, let alone till its over.
I just hope after all is said and done i will be able to trust again, at this point i don't trust anyone. i was very apprehensive about even starting this thread, but i had to talk to someone. So again, i would like to thank all of you. i know its just a thread and we are all anonymous but it still helps. I value all of your opinions whether I like them or not and I appreciate all the positive things being said.

 

[Drift13]

Wishing you the best of luck,sp. Hope ya make out better than I did in an Illinois court.

 

[farmdalefurr]

illinois fucking sucks

if it werent for family, id be outta this bitch

ill be keeping an eye on your thread to see how this stupid, unjust shit storm progresses

and i wish you the best of luck bro

 

[justpassnthru]

Hi, skunkpunk;
Joe Grumbine was being prosecuted Federally and he went to jail today. I know, he will say: "No one should go to Jail For A Plant!"

Idk if his image posted, but he is the one with the big green sign! He is doing this 'For' his kids and grandchildren. He is old enough, to have children that understand and grandchildren, that will.


Marijuana Activist Joe Grumbine Thrown In Jail At Court Hearing
November 13, 2012
383374_10150334025231739_937850523_n.jpeg
Cheri Sicard/Facebook



By Steve Elliott

383374_10150334025231739_937850523_n.jpeg
Cheri Sicard/Facebook
Joe Grumbine — who has fought so hard for the right of California medical marijuana patients to safely access their medicine — has been thrown back in jail



California medical marijuana defendant and activist Joe Grumbine was put in handcuffs and hauled off to jail at what was supposed to be a short scheduling hearing in court on Tuesday.
According to Cheri Sicard, who works with The Human Solution, a medical marijuana patient advocacy/court support group formed by Grumbine, the prosecutor brought up a traffic stop that happened in Riverside, Calif., a few months ago.
553829_385259034885315_488850017_n.jpeg
Cannabis Cheri/Facebook
Grumbine had cannabis in his possession — an amount he is legally allowed to have as a patient — according to Cheri Sicard, above, a fellow member of advocacy/court support group The Human Solution
Grumbine had cannabis in his possession (an amount he is legally allowed to have as a patient), according to Sicard.
Judge Arthur Jean promptly rejected Grumbine’s current bail, then upped it to $250,000 — more than Riverside County recommends for child molesters, kidnappers and rapists — and remanded him into custody.
Grumbine’s legal battle began when he and Joe Byron were arrested for operating a medical cannabis dispensary in Southern California. The case attracted worldwide attention — make that horror and disbelief — for judicial and jury misconduct and prejudice.
The first trial was so flagrantly bad that Long Beach Superior Court Judge Joan Comparet-Cassani granted a motion for a new trial.
“This was a terrible, terrible trial,” Judge Comparet-Cassani said. “I read the transcript and I am appalled.”
The judge also said she was “speechless” at the judicial and jury misconduct, adding that the misconduct started at the preliminary hearing and “continued throughout the trial.”
Full Article:

http://www.tokeofthetown.com/2012/11/marijuana_activist_joe_grumbine_thrown_in_jail_at.php

Did you like this article? Share It!

Skunkpunk: Staying in the same house? Reminds me of those..Sleeping with the Enemy movies! That, must be much harder than facing the charges!
I might add, Prison for some, is a gateway to a life of crime. You have too much going for you. If you can be with your family instead of criminals..what is to chose? Really.

The older activist, with older children are doing it, at the Federal levels. jpt

 

[Nadicus_Maximus]

I just looked at a few polls and about 65% of folks think MJ should be legal now. I really doubt you could find a jury that would issue a unanimous guilty decision.

 

[Puffaluffagus]

If your attorney says go to court, then go to court.
Taking the first deal they offer is like paying sticker price for a new car, you know they can do better then the first offer.
Many times the second offer comes on the day of the trial just before things are supposed to start, when they see you are serious about going to a jury trial.

The one big lesson to take away from all this, don't EVER, and I mean never ever ever ever get married again, humans ARE NOT monogamous, getting married is just asking to be raped for half your stuff at the very least in the future.
When you're just living together, and they start with the cheating crap, its a simple matter of throwing all their shit out in the driveway, and being done with them.

 

[Crusader Rabbit]

I just looked at a few polls and about 65% of folks think MJ should be legal now. I really doubt you could find a jury that would issue a unanimous guilty decision.

I think this is wishful thinking. They're still sending people to jail right and left. The last time I was in a jury pool, the judge really made it a point to ask each potential juror if they would follow his instructions. What is allowed as evidence and testimony is controlled. Skunkpunk may not even be able to have his story told in court. The judge will be instructing the jury that the law specifies that anything over a certain number of plants defines intent to sell.

Nullification is a rarity. His kids may understand someday why dad made himself a martyr to the machine, but for several years of their childhood, all they'll know is the financial and psychological hardship of having dad locked up in prison. They'll never forget that.

 

[ijim]

Can you do two years of urine test? If you fail a test that is another felony for violation of probation. Were all of the plants in flower? Most states consider only the flowers usable Cannabis. What is the dry weight of the usable Cannabis? An experienced lawyer will request this evidence. Did they find dry packaged Cannabis, scales or baggies? Anything that could associate this grow with distribution? Some states even though the do not have medical laws still have to consider medical use. Since the prosecution is willing to plea now. Will the thought of a jury trial make them reduce the charges to simple possession after the non usable material is separated and flowers dried? You and your attorney need to have a long conversation. And if you do not like what you hear. Have a consultation with another attorney to see what they both say. Attorney are not created equal. Just my thoughts.