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Hey DGC! I hope everyone is doing well. So If you guys don’t remember, back in September I got in a little trouble. I had gotten pulled over and was caught with some herb and arrested. My phone was confiscated and I spent the night in jail. Knowing they were getting a warrant to search my phone i immediately chopped all the plants in my grow and got a lawyer. Long story short, 3 weeks later about 15 agents showed up with a search warrant for my house because of the pictures of my grow in my phone (lesson learned). They arrested me AGAIN and also arrested my wife for being in the house when they showed up. They confiscated all the equipment they could find. Just so they could charge me with felony “manufacturing”. After that we needed a second lawyer (for my wife).Well i finally have my case settled so I thought I give everyone an update. First I’ll start with how my lawyer handled this case. Since the cop that pulled me over used the smell of marijuana as Probable Cause which is legal for them to do in the state I live in; getting everything dropped for an illegal search was unlikely. So at the first court date my lawyer questioned the officer under oath and asked him -what kind of training he had that enabled him to tell the difference between the smell of illegal THC flower and the smell of LEGAL CBD flower. To which the prosecutor objected and the judge almost didn’t let the officer answer the question. After getting the officer to admit under oath that he didn’t have any training of the sort, my lawyer began trying to make a deal with the D.A. I’m my state the smell of weed is enough for Probable Cause according to the Supreme Court.. But now that CBD is legal our argument was that this ruling should be struck down. The D.A. Didn’t think that was a very strong argument but knew my lawyer was going to give him a hard time for the next 6 months. I was looking at a few felony charges with one being a repeater offense because I was caught with weed about 20 years ago. After a lot of back and forth and 3-4 court appearances. We finally made a deal with the prosecutor.
I would plea “no contest” to a few misdemeanor charges of possession and do 2 years of probation. The felony charges would hang over my head for those two years. So if I fuck up my probation they can come back and charge me with those felony’s. If I don’t fuck up and make it through probation all charges will be dropped. So it’s not a perfect ending but it’s better than what it could have been. And since I live in such a small town area, my probation officer is super nice and is the daughter of a guy I worked with for over 10 years. Who himself also had a grow in his basement for many years. So hopefully probation will be a breeze, lol. My wife and her lawyer are fighting her charges to the end. She won’t take any deal. They don’t have anything on her except for being in the house. We are pretty confident that the prosecutor does not want to put her(a social worker)on trial with so little evidence against her. Not for a Marijuana charge anyway. So the moral of the story is -our justice system is stupidly corrupt. And if you don’t have money or resources for a lawyer they will walk all over you. And if you live in prohibition land, don’t keep pictures of your grow on your phone. if you get pulled over, tell them the smell is from CBD!!!!!!! ✌️😚💨