Busted in Illinois

[skunkpunk]

Yeah I can go clean for two years, I'm not one of those weak willed people who can't live without. No, nothing was in flower yet. 9 moms and 30 cuttings, cuttings were a week old. Lab hasn't come back with test results yet, as of right now they can't even confirm it was pot. No baggies or scales, not even paraphenillia.
Yes I'm waiting until the 29th to talk to my attorney again because that's the deadline the judge gave the DA to enter their test results.

 

[noyd666]

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.

spot on cr. rabbit. my case ex, everything is controlled, almost done deal, was over no of plants, no proof of sales, no baggies, judge said evan though there was not i iota of evidence, the number of plants i could not possibly smoke or vape myself, so he said to jury , he must be growing perpetually and selling it wholesale. plus they did not find my vaperioser, so that meant i had no proof that i smoked.lol. i see alot of jurors around town , smoking thier lungs out, wont' even look me in eye lol. bloody strange .

 

[Backwoods Bud]

Check this,

This happened in a non med state with no medical defense.



ST. CHARLES COUNTY • An O'Fallon, Mo., man who says he was growing marijuana for his own medicinal use now faces a charge of distributing the drug.

Ken Unger, 52, of the first block of Hornbean Court, previously was charged with felony possession with intent to distribute, although he said he was only using it to ease constant pain from a Navy injury. Unger was recently indicted by a St. Charles County grand jury for alleged felony distribution.

O'Fallon police said in a search warrant application that they stopped a man on Sept. 3 as he left Unger's house and an officer smelled "a strong odor of marijuana" coming from the man's truck.

The man told police he had a "fresh bud" of marijuana in his truck that was drying. He did not tell police where he got it.

He was given a municipal citation and later pleaded guilty.

The man's name appears on a list of grand jury witnesses filed with the indictment last month.

St. Charles County Prosecutor Jack Banas said information in the search warrant application led him to take the case to the grand jury.

"That clearly indicated to me that he's not growing it for his own use," Banas said.

Unger, a Navy veteran who was injured when a crane hook struck his head in Grenada in 1983, disputes the allegation.

"I grew purely for my own health," Unger said Friday. He said he used marijuana to treat chronic pain. He said it was effective and had less severe side effects than prescription drugs like morphine.

Police said they found 48 marijuana root systems in Unger's basement. Unger said police found two marijuana plants and about four root systems.

Unger's attorney, Joseph P. Welch, said: "The government is going to have an extremely difficult time proving that any allegedly distributed marijuana came from my client."

Unger was arrested in September, around the same time prosecutors decided to drop their case against Kenneth Wells, a St. Charles County man who grew pot in his house for what he said was medicinal use.

Unger has asked for the same treatment in his case. Banas, though, has said the cases aren't the same, and he pointed to the grand jury indictment as an example.

Unger's case continues to receive attention from Oakland, Calif., based Green Aid: The Medical Marijuana Legal Defense and Education Fund. He said the group's efforts helped raise money for his legal defense.

Welch said the case isn't about drugs.

"This is a case about the government trying to take this man's safe and effective medicine away," he said.

The case could set a precedent in Missouri, he said.

Banas said growing marijuana remains illegal in Missouri.

"There is no defense of medical marijuana in this state," he said.


This is what he got.



ST. CHARLES COUNTY • An O'Fallon, Mo., man who said he was growing marijuana for his own medicinal use, has pleaded guilty to misdemeanor possession and unlawful use of drug paraphernalia.

Circuit Judge Nancy Schneider fined Kenneth Avery Unger, 53, of the first block of Hornbean Court, $300 on each count.

Unger originally had been charged with two felonies, including distributing the drug, but the charges were reduced in exchange for his guilty plea.

Unger has said he only used the drug himself to ease chronic pain from a Navy injury. He was injured in 1983, when a crane hook struck his head while he was serving in Grenada.

Neither Unger nor his attorney could be reached Wednesday for comment.

He got a GREAT deal!

 

[usda101]

Sorry to hear it SkunkP hope everything works out . Illinois is bad , farming community is even worse might wanna take the deal . A bitch will always go bad when her intreste are threatened thats the rule i live by . They dont feel the gravity and repercussions of snitching . Illinois starts fucking over you at conception , but if u can navigate successfully its great . I fought many cases and was fortunate enough to win each time even in 99% conviction rate towns (knock on wood) . If in the future the charge can be removed i advise u to take the deal . Keep us updated . PEACE

 

[skunkpunk]

I will may end up taking a deal, but it had better be pretty sweet. right now we are waiting to see what the state police crime lab sends back, and how they are going to try and charge me. I.E. by weight of the entire plant including soil, weight just plants them selves, whether or not they are going to say it was "usable". Seeing as the majority of them "plants" were cuttings that were only a week old and may not have even developed roots yet, then maybe I can even get the amount lowered. 9 plants is a lot easier to bargain with than 39. So we shall see what the crime lab can fuck up in my favor.

 

[sikk_widit]

Skunkpunk I wanted to point out this I noticed from one of your posts talking about being in county with people on heroin which leads me to believe that even though you said farming community you are more in the northern part of IL? I know all over has crack and anywhere in southern IL is more prone to meth. Depending on county size and where your at in the state imo is going to depend alot on the potential jury you will get and how sympathetic they are to mj. Growing up in IL myself for around 14 years in a small farming community that was in central IL I can tell you generally none of the older people in the community, especially the families that had been there for years supported mj at all. Keep in mind this was almost ten years ago now, and I know times have changed. As others in the thread have pointed out already if you decide to take it to jury the judges views and what he tells the jury will be very influential. As far as jury nullification goes chances are jury will not even be aware they have such an option and I don't think the judge will be likely to point it out. How sympathetic they are I guess really depends on your area. As far as plant counts go even though none were flowering I believe if they had roots they are considered a plant in IL and because of that is how alot of people get fucked by the system in your state. Hopefully in your case the cuts weren't rooted yet. One last thing assuming you don't decide to take the initial plea, one thing to consider is if you decide on a jury trial all the time that will pass between your attorney requesting jury trial and all the pre trials and stuff that go on before you actually get to trial. Alot of times it will take along time and eventually the state is going to offer you a better deal than they did the first time.

 

[ThaMagnificent]

Completely off topic, but has any Illinois bros had any issues with ordering from Seedbay? I heard the Chicago USPS hub is notorious...

 

[usda101]

Havent ordered lately but no problems . I know peeps passing alot more on a daily basis without incident .

 

[ThaMagnificent]

ok thanks

 

[CANNABEST]

keep us update with what your attorney suggest.

 

[Gardens Keeper]

I would take the plea do remember your attorney has a financial incentive and the longer the trial goes the more money he makes. Just something to keep in mind hope it works out for the best.

 

[skunkpunk]

Well the lab results came back, and the state's attorney sent my attorney a letter with their findings. I this letter he offered a plea that was worse than the original offered by the assistant state's attorney. This offer was 30 months probation, 30 days in jail, all kinds of additional fines and fees that weren't in the first offer and I would have a felony conviction. My attorney called the assistant SA and he is still willing to offer the first deal.
So unless I take it to trail it looks like I'm going to take the first deal. I really hate going this route, not looking forward to the next 2 years. But I guess at least the charges will be dismissed if I take the original deal.
So it looks like this one goes to the man, another guilty plea and conviction. I am going to call my attorney and discuss this further next week but if the plea is my best I can get I'm going to see if I can take it now so I can get this crap over with.

 

[noyd666]

wears you down a bit iknow, feel for you mate, best of luck ,watch out for decieving partners in future.

 

[Bababooey]

Sorry this had to happen to you, bro. Sucks.

 

[skunkpunk]

wears you down a bit iknow, feel for you mate, best of luck ,watch out for decieving partners in future.

In the future there will be no more deceiving partners. It's a known truth when you have something good you must keep it to yourself because there will always be someone who will want to rob you of it. Even if I go somewhere its legal I will never share my love and joy for this plant, it has been and will always be the one thing in life i can count on. There for me when I need it, never hurt me, it won't lie to me, it always knows how to make me feel better, and it never asks for anything in return.

 

[skunkpunk]

So it looks like I will become like every other non smoking asshole in the country and start drinking. Gotta love those "legal drugs", those taxed drugs. Maybe I should go get a prescription of some dirty nasty liver destroying pain killer or anti depressant too. God bless America where its okay to kill yourself, as long as you're paying tax on it. FML.
Sorry, that was a little bleak. Just not very happy about all of this.

 

[northstate]

Man, I can only offer some kind words and you will make it through, just bumpy travels. Hard knock but the fight is waging for cannabis freedom and you are pushing ahead. Stay as sane as you can SP.

 

[SeaMaiden]

Of course you're not happy about this. It's a daunting proposition, it's fucking expensive as hell and it's not as though you actually created a victim in any of this, did you? Unfortunately, at least in California, the probation system itself is set up so that the person serving the time can easily fail. It's expensive and you have to pay this out of pocket. They are not always forthcoming with rules and procedures, either, which again can make it easy for some to fail and end up on vacation.

I'm very sorry this has all happened to you, may it pass with a quickness.

 

[Obsidian]

Don't take a plea for sales, it will fuck up the rest of your life.

 

[canna woop!]

So it looks like I will become like every other non smoking asshole in the country and start drinking. Gotta love those "legal drugs", those taxed drugs. Maybe I should go get a prescription of some dirty nasty liver destroying pain killer or anti depressant too. God bless America where its okay to kill yourself, as long as you're paying tax on it. FML.
Sorry, that was a little bleak. Just not very happy about all of this.

hey SKUNKPUNK come out to washinton or colarodo, where blazing is not just a past time, its a rit of pasage.

good luck dued..