NJ Busted: Plea Bargain

[Anita Bonghit]

Hi, this is to legal 'experts' and to those with 'experience
First time thread in this legal forum, hopefully last time..
I got busted for just over 20 plants as well as having other marijuana related nick-nacks a few months ago.
However there are many issues with illegal searches and torture/coercing me to sign to a search, after I repeatedly declined a search.
Any questions about this matter I can elaborate more in the thread, just don't want to give away too much info.
Now my lawyer wants me to sign a plea bargain for a 4th degree charge for intent to distribute.
Me and my partner are relieved that we do not have to go to jail, just probation and criminal record, but my family (who paid big bucks for the lawyer) thinks we can make a better deal with the prosecutor, but then were back to square one, me facing 10-20 years in prison.
My question: If I decline this plea bargain, do you think I really WILL go to jail, that is my main concern??

 

[Nadicus_Maximus]

If you don't plea will the case go to a courtroom where a jury will decide your guilt or innocence?

 

[darko_G]

depends on where u r . i hear in cali the prisons are so backed up they will try to not have you in there... and fuck knows where 20 plants will get anybody 20 years in prison. u mention criminhal record so im assuming you didnt have one to start with, yet another point in your favour. with cultivation though its fairly cut and dry. u did have the plants. in your house. no denying. i personally wouldnt take the plea. intent to supply aint something id roll with especially at jus 20 plants. i say prove ur character as upstanding in court make sure you appear as a quiet dude jus growing his trees so he dont have to tlk to street dealers and fuck the bargain. then again im young and probably hot headed. either way i wish you all the best.

 

[MadBuddhaAbuser]

NJ LAW
http://law-library.rutgers.edu/ilg/njlaw.php

To be caught with OVER 20 plants and not go to jail in jersey is amazing. You really should probably just take it.

You were growing weed and got caught, thats what it will boil down to in court. Unless you could claim "medical need"but i doubt it. you might be able to fall into the void where we have a med law, but no meds.

Seriously no jail time is pretty amazing for that. And are the illegal search points valid? or do you just feel they were unfair? There is a HUGE difference. If you consented, you consented.

 

[MadBuddhaAbuser]

depends on where u r . i hear in cali the prisons are so backed up they will try to not have you in there... and fuck knows where 20 plants will get anybody 20 years in prison. u mention criminhal record so im assuming you didnt have one to start with, yet another point in your favour. with cultivation though its fairly cut and dry. u did have the plants. in your house. no denying. i personally wouldnt take the plea. intent to supply aint something id roll with especially at jus 20 plants. i say prove ur character as upstanding in court make sure you appear as a quiet dude jus growing his trees so he dont have to tlk to street dealers and fuck the bargain. then again im young and probably hot headed. either way i wish you all the best.

? Did you not see the "NJ" in the title?


and "just 20 plants"? for personal? not here buddy. intent to distribute is a minor charge compared to manufacturing a CDS, Mainting a drug residence for the purpose of manufacturing, etc.

NJ aint too pot friendly. But it's still everywhere of course.

 

[accessndx]

He's in dirty Jerzey. They don't take kindly to that type of shenanigans out in 'dem dere parts.
Think Rodney King style legal beating.
They freak out for seeds and stems, let alone 20 plants. It's not California by a long shot. California is for all intensive purposes a "pot legal zone". If you do get busted in Cali, you're really on the wrong side of the tracks. Takes a glass jaw to grow out there.....
The East Coast comparatively is a Tsunami of legal troubles.

Anyhows: a plea bargain that gets you a "criminal record" and probation sounds mighty good. Screwing around with your chances playing footsie when your lawyer already cost big bucks sounds a bit unwise. If you really wanna know, ask a better connected lawyer for a second opinion. It's only $ and your freedom is worth alot more than any amount I can think of.

What the heck does your family know about the law anyway? All they know is that they shelled out lots of simoleans for your ass, and they want the biggest payoff. You just want to GET OFF. How the heck did they decide they can get a better deal with the prosecutor than your own lawyer can?
You know what they say: He who represents himself in court has a fool for a client.
There are no great choices in this scenario, but there is a lesser of two evils. One sounds like gambling, the other sounds like an exit strategy with damage control. I'm no lawyer, but go with the better odds and certainly the ones that don't result in you with soap on a rope.

 

[Sam the Caveman]

I would talk to your lawyer and see if they can slip a few things in the plea about "so many years of good behavior = expungment options."

 

[MadBuddhaAbuser]

dont be so worried about a "criminal record", most shit can be expunged, i know simple possesions can be expunged. Look into that. You really should not fuck around with a trial though man.

 

[Madrus Rose]

Just don't use "Snooky" from Joisey Shore
as a charactor reference

But u hav been given pretty good advice here , Jersey sounds like
they're pretty harsh...listen to your lawyer and even research more yourself ...
plus its perfectly ok to seek out second council/attorney advice too.

 

[Anita Bonghit]

YO
thanks guys for your much need advice!
their illegal search really was bullshit, this is the story;
they thought my roommate was robbing the house...when he came out to the front porch to check out why there their people with flashlights in the front yard, he got tackled, arrested and brought in for obstruction. So they checked the house and found 'probable cause' in a closed-door room. they almost immediately released him because they nabbed the real robber, about a mile away, as soon as he gets back home, cops run up and i dont consent to a search for 4-5 hours in the cold weather in fucking shorts tshirt and sandals... it was truly a traumatic experience being brought to jail, getting kicked out of school, etc etc i dont wish that on anyone..fucking hate leo, i wasnt a paranoid person, i was reasonable, but now i am always worried about them..even posting on this forum worries me..

 

[Anita Bonghit]

yes, i did end up consenting
yes, bad mistake i know

 

[Chester]

Another recent tactic from the Federales is to nail you in the sentencing phase.

DA offers to "drop" most of the charges in exchange for a plea deal on a lesser charge. They then apply all the penalties of the dropped charges in the sentencing phase, and the poor sap is just as FUBAR'd as if he'd plead guilty to all charges. Read all about it here.

Relevant paragraph for the lazy:

A recurring trick in federal court occurs when "defense" lawyers convince their clients to plead guilty to what a defendant believes is a minor count of a large indictment, in exchange for the government dropping other counts. After the guilty plea, a sentencing investigation is conducted by the U.S. Probation office (which is theoretically neutral but which in practice works closely with the prosecution). The Probation Office’s "presentence investigation report" invariably recommends a sentence consistent with conviction on all the counts that were "dropped" by the government in the plea deal, and the defendant is then sentenced according to the worst allegations of the prosecution (without any ability to challenge such allegations at a trial). The lawbooks are literally filled with appeals of such sentences. I have read many dozens of these cases. There are probably hundreds. Here is a thoughtful dissent by a federal judge regarding this shameful practice.

Remember, the plea bargain is a plea of guilty to some charge. And there are no "do-overs" and no appeals. Be absolutely sure that they aren't shafting you somehow before signing on the dotted line. There is absolutely no reason to trust anything anyone in government says, so do your own homework and see how other folks have fared in the NJ "legal system" (if you can).

I'd want to be real sure NJ doesn't play the Federale game....

Good Luck!!

 

[cosmik debris]

Nice to know that they've caught all of the real criminals. What bullshit. This is why all LEO's should get the stomach cancer that I wish upon them.

Sucks hard. Sorry to hear about your misfortune. I too live in a fascist delight state, where any felony, and drug or alcohol related charge (even non-felony) gets you registered in the DNA data base. Drugs or alcohol also get you an official membership in the piss in a cup club...and they charge you for the pleasure. All that said, I would talk to a dope savvy lawyer for a 2nd opine as well. There are more shit lawyers out there than good ones. Ask your nitwit how many cases like this he's rep'ed, what were the outcomes and how many he's actually tried. You'd be shocked by how few they actually try...like count 'em on one hand.

Not overstating this, the legal "profession" has been dumbed down at least as much as everything else in our world, and the majority of them are really piss poor. Most of the time they operate from a ROI perspective. If you got a fixed price to represent, then he or she will do as little as possible to get rid of you and move on to the next victim. A win for them is when they cash a big check with no more time invested than 15 minutes reading your arrest report and first on the docket the day of the trial (so they can get the fuck gone as quickly as possible).

Don't trust 'em, don't believe them, and always have an advocate in the room when you speak to them (they hate that, but it's the only protection you have against their lies and stupidity). I've been fired by several, but only fucked over by one. Sorry for the cynicism, I've just lived too long and seen too much. Take the deal and get on with your life unless a better experienced, weed smart lawyer tells you otherwise, or you find a picture of the judge bangin' a goat on the internet.

Best advice was already given. If you take the deal see about trying to negotiate limits and an expungement. This too shall pass.

Now memorize that NORML card and remember the mantra..."just shut the fuck up".

 

[Madrus Rose]

what happened to the New Jersey Medical deadline , anyone ?
http://www.nytimes.com/2010/01/12/nyregion/12marijuana.html

Though they did pass the bill in Jan (14th state to do so) , looks like it was extremely taxed with
restrictive rules that limit it to just a few serious ailments that there was no
real rush for anyone to try & set up dispensaries....

 

[Anita Bonghit]

Chester- I will ask my lawyer if that could happen to me...thanks!
It doesn't matter to me if medical is allowed in jersey, cause I am getting out of this state when I am free from probation,if I get free...
Tomorrow, I am going to make an appointment with both my lawyer and his boss and have a face-to-face discussion at his office.
I really am happy I am not going to jail, however the way I got caught was such bullshit, that I never should have been charged in the first place...
I'll definitly see if I can set some limits for maybe probation and fines? and about expungement, since I'm pretty young.

 

[LightOfJah]

Heads up ! You should let the stress wear off now ... Good Luck , glad u're not going to jail

 

[MadBuddhaAbuser]

YO
thanks guys for your much need advice!
their illegal search really was bullshit, this is the story;
they thought my roommate was robbing the house...when he came out to the front porch to check out why there their people with flashlights in the front yard, he got tackled, arrested and brought in for obstruction. So they checked the house and found 'probable cause' in a closed-door room. they almost immediately released him because they nabbed the real robber, about a mile away, as soon as he gets back home, cops run up and i dont consent to a search for 4-5 hours in the cold weather in fucking shorts tshirt and sandals... it was truly a traumatic experience being brought to jail, getting kicked out of school, etc etc i dont wish that on anyone..fucking hate leo, i wasnt a paranoid person, i was reasonable, but now i am always worried about them..even posting on this forum worries me..

that all sucks man. sorry that happened, but it will stick. Having reasonable suspicion makes it ok. Almost the exact thing happened to a buddy, they were looking for someone in his place had "reasonable suspicion" according to them, and he got popped for poss. he got it expunged by now though, but still sucks

 

[MadBuddhaAbuser]

what happened to the New Jersey Medical deadline , anyone ?
http://www.nytimes.com/2010/01/12/nyregion/12marijuana.html

Though they did pass the bill in Jan (14th state to do so) , looks like it was extremely taxed with
restrictive rules that limit it to just a few serious ailments that there was no
real rush for anyone to try & set up dispensaries....

For Madrus and Everyone else---
There is a hearing on the medical marijuana rules TOMMOROW in the state capitol of TRENTON. 10am-12pm. WE ALSO CAN WRITE IN OUR OPINION OF THE LAW TO

Submit written comments by April 23, 2011 to:
Devon L. Graf, Director
Office of Legal and Regulatory Compliance
Office of the Commissioner
New Jersey Department of Health and Senior Services
PO Box 360
Trenton, NJ 08625-0360

BY APRIL 23rd. This is our last good chance to have a say on the laws. Corzine signed it, Christie hates it, and our representatives want to hear OUR OPINION on this.

Heres the thread I put up-- http://www.icmag.com/ic/showthread.php?t=205615 With more info.

As we all know, NJ has currently proposed some pretty shitty laws for medical users. Only 6 stores in the whole state, leaving lengthy drives for cancer patients, no home growing, leaving your only option the often overpriced dispensaries with a 10% cap on THC. the entire bill in its present form can be found here----
The agency proposal follows: http://www.state.nj.us/health/docume...a_proposal.pdf

it is a 111 page pdf, but if this effects you, THEN READ SOME OF IT. it is split up into patient information and ATC information.

Everyone in NJ or even near it should do themselves and everyone else a favor and SAY SOMETHING ABOUT THE LAWS. The NJ assembly and senate have already defied christie's attempted even stricter laws in response to the will of the people. Now is the time to do something, do not let it slide past with 10% thc caps and no home growing, along with a 2 oz a month limit.

Beginning next monday I propose we all flood the above address--Submit written comments by April 23, 2011 to:
Devon L. Graf, Director
Office of Legal and Regulatory Compliance
Office of the Commissioner
New Jersey Department of Health and Senior Services
PO Box 360
Trenton, NJ 08625-0360

and give our opinions. please try to be lucid and clear and direct. I propose a couple ideas here feel free to use them. I do not think we can be shooting for the moon, but some of these are reasonable.

1. Allow patients to grow 6 Mature plants and 12 overall. Include strict rules about door locks and security systems if you want.
2. Remove the cap on thc. Every other drug is dosed as prescribed by a doctor, We should instead seperate under 10% strains into a slightly different category. Doctors could decide if the patient needed the higher dose or not.
3. Allow ATCs to use edible forms of THC, and to educate about vaporizing buds, as traditional smoking is not ideal for patients.

add whatever you want, the point is ACT NOW. Otherwise we will get stuck with some bullshit. our representatives actually care more about what we think than what the governor thinks for once, we need to take advantage of this.

 

[cosmik debris]

Where the fuck do you live that somebody has the man chasin' 'em into your crib in the first place? I realize that you don't need any more hindsight wisdom but please do grab that NORML Freedom Card and memorize it. A quick once over of the Constitution might be reassuring as well. People tend to forget that we actually do have rights buried under all of this Patriot Act / Fear of Terrorists bullshit.

Pat me down at the Court House...fuck them! What are they...Catholic priests? If I wanted the fat old fuck judge dead that bad I'd jump the bench and rip his fuckin' chest out. Geezuz I hate these assholes. It's about nothing more than control and money, and they won't be happy till they have a bar code on every fucking one of our foreheads. I love the irony of using the word "Honor" when addressing a judge. He's just a lawyer who managed to suck enough dicks to get the gig. What's so fucking honorable about any of it? It's almost as funny as when those talking pieces of shit in Congress start calling each other "honorable". Our language obviously means shit. We may as well all learn Spanish...at least it still means something.

Good luck kiddo. Just hold yer nose till it's all over and hurry home to take a shower and scrape the jiz of justice off of ya.

 

[CANNATOPIA]

I know this doesn't really help but I'm sending good vibes & good wishes your way friend.
Best of luck to you and yours.