Been Busted Growing!

[WantDaChronic]

it seems really odd that they split the charges up the only reason i can think of why they'd do that is because the other charges dont warrent going to a higher court level, but none the less you'd think because all the charges laid against you were because of the same crime they'd try and use it all against you in a single court room

 

as for the tainted property charge so long as you can provide proof that the money is 100% legit you will be able to have that charge dropped. never plead guilty to it otherwise you will lose it and it will provide proof that you were growing to sell

 

i wish you the best of luck bobby joe, it sounds like you'll need it

[ianTE]

I cant really comment on the supreme court but if DPP split charges cause of severity you may elect to have the charges in the lower court up into District. If you can do this it has a draw back most times the higher court can impose a harsher sentence. The on the other hand if you get two custodial terms (from two different courts) they wont run concurent.

 

They were my favorite words at one stage concurent and parole.

Edited July 20, 2008 by ianTE

[bobby joe]

Hello everyone again and how are you all?

 

As my sentencing date draws closer, i wanted to ask you some advice, i have a condition called osgood schlatters syndrome which i developed when i was 14. It affects my knees and cause me a deal of pain to this day. See

http://www.madsci.org/posts/archives/2001-...84128.Me.r.html

 

I was smoking weed at the time to aid with this plus having a bit of bad trot with life etc, but since i got busted growing, i have laid off the weed in fear of being caught again and prosecuted even worse. To get by these-days i usually just pop painkillers Ibuprofen / Nurofen Plus etc when my knees play up which is 3-4 times a week.

 

Do you think that it is worth telling the court that i have suffered with this knee deal for over 10 years and was using weed to help with the pain etc, or will they just think thats a cop out reason. IF you think it's worth a shot, then is all i need to get from the Dr is a medical certificate and take that to my lawyer to give to the judge? Or is there anything else i will need.

 

As i said i have just been taking painkillers for the past year since giving up the hooch.

 

Any help would be appreciated at this time of my life. I love this site and all those who contribute to making it what it is. I pray for drug law reform and stop people getting put in jail who want to smoke and grow a little weed.

 

Cheers

 

Bobby

[Frazz]

Yep go see your Dr. tell him you use the weed for pain associate with knee, but you must at some stage honestly tell him the truth that recently you were busted and now face court , all the while admitting you realised it was a prohibited drug but when you are in pain you just search out pain releif , thats just human nature and cannot be looked down upon ...

depends how well you get on with your Dr. and if he is/has treated you in regards to this complaint , in my opinion you should give it a go , but all the dr. can say is yes i beleive bobbyjoe does suffer pain related to his knees and has told me he uses marijuana for pain releif ... but he cant endorse your use cannabis, he may tell you of all the dangers of self-medicating on cannabis ... but you can tell him you are not happy with the pharmaceutical companies who also supply man-made chemical drugs that also bring with them harmful side effects ...

 

best with it bobby

[dslgrl1]

now then..a couple of things first...I'm not from Australia and don't know the laws or anything, but I read a previous post that suggested Indica wording might help you...wrong***wrong***wrong. Cannabis sativa is the proper name for all cannabis. period.

So word play in court is costly and u have no more money. If this happened in the US and the cops saw an illegal item in view...you're screwed on the deal except that if the cop saw the bong through your window after the report of loud music had been handled, then they need probable cause to re-enter the home. Seeing a tobacco consuming device but not illegal material is not probable cause in all states, and as earlier stated by another reply, is the case in Canada as well.

So my friend, check into the laws on search and warrants in your area and attempt to have the second entrance into the home thrown out, this will be the key outing your troubles. If there's no hope of getting the case thrown out, then I think you;ve done the max to prevent any real jail time, but treatment will probably be in the cards as well as a long time on supervision, 3-5 years i would venture based on the total amount found curing and dried.

lastly, im sorry u were not treated well by your attorney, but tell everyone u know to keep it small indoors, you Aussie's have great potential in the bush....even if you have to drive and/or get permission from indigenous ppl...outs sound like the way to go. And lawyers always get paid, so whether or not u go to jail is only a concern to an attorney u know personally, all bets are off with the rest.

 

Good luck...hope u are able to overcome your adversity and if u choose to indulge again, then be careful and use some sort of tea to keep u clean

[illuminati]

nsw also has section c16 or section 16 which is no one admits fault but it happened....it got me off a charge or 2.(offensive language in a public place and attempted assault of an officer but thats another story..)... but i told the judge i was going to the navy and couldnt be admitted if i had a crim record and i got off....

[bobby joe]

Well everyone, after waiting 15 months and alot of stress etc, i finally had my supreme court sentencing.

 

Well, all i can say is that i didn't get the can, hence my typing this post.

 

It could not have gone better really. I ended up getting No Conviction recorded and a fine totaling $2grand. The judge was really awesome! MY partner and i are extremely relieved.

 

Anyway i would like to make a bif thankyou for all the users who contributed to my post and helped ease my weed woes!

 

If i can contribute to this post in some way it will be the following tips!

 

1) Stay clean from weed as long as you can before your sentencing, and goto a Dr's who does urine drug testing. Get yourself tested every month and get a report notes each time and keep in a safe place. Do this for as long as you can if you can refrain from weed. I have been 12 months without smoke and have all the related clean tests which the judge loved and helped me get no conviction recorded. I am sure even if you can go 4 months is better than nothing.

 

2) Get excellent references from as many credible people as you can. I had about 8 from a range of people, including school teachers, a nurse, self employed business owners, architechts the like. As long as it is well written, and states this is totally of character for you and you are honest and trustworthy and in a relationship, whatever shows your are stable.

 

 

3) Goto your local Drug and alcohol centre and get some couselling on weed use as soon as possible. Before your sentencing and make sure if you tell your counsellor you have given up, make sure that your drug tests reflect the dates you tell your counsellor, as this judge will look at all of this as a whole. Then get you counsellor to write a court report for you. It states your treatment and if you have given up weed, how long you smoked it etc. This all paints a picture for the judge to show you have undergone rehabilitation. IE: Bobby has already learnt his lesson and bettered himself so no need for jail etc. In my case QLD report was $230 but for no conviction was really worth it.

 

 

4) Never admit to anything other than it is for personal use only

Admit personal use all the way even if all the evidence looks against you. I had bags, scales, 1.5kg weed tainted cash etc. But because i had a receipt for the money and was employed with savings in the bank, they accepted personal use. And most important the money reciepts showing where the cash came from. Even if you have to make up a story and get a mate to write a reciept for you showing X$ came from sale of tools or whatever it will help!

 

Thanks again everyone! Hope this helps someone out there in this kind of trouble now or in the future.

 

Does anyone know if i post a pic of some greenery after already being sentenced does that matter? I am thinking not as my judgement has already been passed? MAy post some pics of some stuff soon then!

 

Bobby Joe

[brick]

Well done BJ. Very good outcome for your effort. Did you get the money back? And yes you can post anything anywhere anytime now mate.

[Token Jet]

:) ;) lol YAHOO

 

Thanks for your contributions BJ

[ianTE]

a win is a win now go buy a lotto ticket......