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So My Nephew....

 
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Jason
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PostPosted: Sun Sep 02, 2007 9:43 pm    Post subject: So My Nephew.... Reply with quote

My nephew got busted with magic mushrooms last night and is in jail. He left Friday afternoon to go camping with his buddies and told me they had got a half ounce of mushrooms. This morning I called my sister about something and she told me her son just called her in jail. Thing is if the little fucker would have kicked down before he left he probally would have had any when they got pulled over!

In my state he's looking at a felony.

My sister is so square it's pathetic! She has smoked pot maybe three times but I agree with her that she shouldn't as it doesn't mix well with her. As we were talking about her son she rattled off some things she read about mushrooms and drugs in general that were wrote by the Anti crowd but when I tried to correct the bullshit I was hearing she would have nothing to do with it and bugged out.

Funky. What you guys think?
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Ferre
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PostPosted: Sun Sep 02, 2007 11:03 pm    Post subject: Reply with quote

Bad news. How old is he?
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Jason
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PostPosted: Sun Sep 02, 2007 11:13 pm    Post subject: Reply with quote

Ferre wrote:
Bad news. How old is he?


I think the guy is 25.

Bad news is right! Dude has an DUI conviction already which he made it through probation but that will count against him.

Fucking anti druggies. You would figure people could make their own minds up about things like drinking or using drugs. I don't like the feeling of being drunk so I don't drink. I don't need a law on the books that keeps me from drinking.

Dude will pay. How much is yet to be seen.
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Ferre
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PostPosted: Sun Sep 02, 2007 11:29 pm    Post subject: Reply with quote

Fucked up world we're living in. Confused
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Jason
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PostPosted: Sun Sep 02, 2007 11:57 pm    Post subject: Reply with quote

What's really fucked up is he had to call my sister so she could call his girlfriend to be bailed out. My sister wouldn't do it.

Granted she is helping me out and her son as he's living here too and works for them but still she should be behind him regardless if he's right or wrong. But...........

Life Sucks.
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Rev. Joshua Snider
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PostPosted: Mon Sep 03, 2007 3:10 pm    Post subject: Reply with quote

He could probably make a religious defense. Was he the one driving and if so are they saying he was driving under the influence?

One love,
Joshua
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Last edited by Rev. Joshua Snider on Mon Nov 26, 2007 7:46 pm; edited 1 time in total
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PostPosted: Mon Sep 03, 2007 7:40 pm    Post subject: Reply with quote

I feel for him on the mushrooms. I hope he gets off easy. Now the dui I'd be angry about. It's one of my pet peeves drinking and driving. Where I grew up it's acceptable to get a dui if not 3 people don't think anything of it. I'll be thinking of him and hoping he getsout of this mess ok. It has to be so frustrating with your sister. I'd try and keep her out of it and let him defend himself she could just make it worse. MJ
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prntrkmt
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PostPosted: Mon Sep 03, 2007 8:50 pm    Post subject: Re: So My Nephew.... Reply with quote

Jason wrote:
My nephew got busted with magic mushrooms last night and is in jail. He left Friday afternoon to go camping with his buddies and told me they had got a half ounce of mushrooms. This morning I called my sister about something and she told me her son just called her in jail. Thing is if the little fucker would have kicked down before he left he probally would have had any when they got pulled over!

In my state he's looking at a felony.

My sister is so square it's pathetic! She has smoked pot maybe three times but I agree with her that she shouldn't as it doesn't mix well with her. As we were talking about her son she rattled off some things she read about mushrooms and drugs in general that were wrote by the Anti crowd but when I tried to correct the bullshit I was hearing she would have nothing to do with it and bugged out.

Funky. What you guys think?


Does he have existing documentation that could be used to support a motion to dismiss on the basis of religious rights?

Does your state have any kind of "drug diversion" program?
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Grannymouse
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PostPosted: Wed Sep 05, 2007 9:22 pm    Post subject: Reply with quote

remember that lawyers are generally to be considered 'not your friend' and get a CONTRACT that the lawyer will not do squat without his signature. He also needs to have time to read and consult before signing anything.
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Rev. Joshua Snider
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PostPosted: Thu Sep 06, 2007 7:48 pm    Post subject: Reply with quote

Doccumentation is always helpfull but not necessarily essential. An atheist qualifies for the same amount of religious protection as anyone else, what doccumentation could they be expected to have beyond a personal statement? If it is an important (its even better if it's an essential) means for the individual's higher spiritual understanding, the burden of the government is to show actual harm to public health and safety. The issues of federal funds accepted by your state for "drug diversion" and cornering an attorney into an itemized billing system contract, that states they have to file what you tell them to and that they can't file anything without you signing off on it a set number of days before the actual filing, is probably much more important. A religious defense is always a tough one but it's not impossible. The contract issues with an attorney are probably a real good idea even if you're not fighting your case on religious grounds.

One love,
Joshua
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Last edited by Rev. Joshua Snider on Mon Nov 26, 2007 7:45 pm; edited 1 time in total
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prntrkmt
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PostPosted: Sun Sep 09, 2007 8:43 pm    Post subject: Reply with quote

Rev. Joshua Snider wrote:
Doccumentation is always helpfull but not necessarily essential. An atheist qualifies for the same amount of religious protection as anyone else, what doccumentation could they be expected to have beyond a personal statement? If it is an important (its even better if it's an essential) means for the individual's higher spiritual understanding, the burden of the government is to show actual harm to public health and safety. The issues of federal funds accepted by your state for "drug diversion" and cornering an attorney into an itemized billing system contract, that states they have to file what you tell them to and that they can't file anything without you signing off on it a set number of days before the actual filing, is probably much more important. A religious defense is always a tough one but it's not impossible. The contract issues with an attorney are probably a real good idea even if you're not fighting your case on religious grounds.

One love,
Joshua


A whole lot of people going to court with a religious defense have found out that their lawyers have screwed them over and they can't do anything about it because the courts assume that lawyers did an excellent job unless you have overwhelming proof that they were grossly incompetent (even that they were proven to have been drunk and fallen asleep during the trial is not necessarily enough proof of incompetence).

Because so many lawyers fail in the basics of providing a religious defense, the use of a contract is becoming common for religious defenses to guarantee that the victim can look at all filings and make sure that they actually raise the religious defense properly.

Courts like documentation. While it is technically not required, it can still help.

A religious defense is really difficult, but it can be done.
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Jason
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PostPosted: Wed Sep 12, 2007 6:00 pm    Post subject: Reply with quote

Hey!

I doubt he'll be able to attempt a religious defense. It looks like he'll have to bite the bullett. Seems he admitted possession at the time of the find and it was a real stupid mistake. Seems they forgot about the stuff being in the glove box and when the LEO asked for the registration and insurence, well, it was in the glove box and wham. Even the cop didn't believe what he saw at first. To top it off they didn't even eat any so a virgin bag of a half ounce of shrooms went to the police dept...
Then it seems he hasn't been 100% honest about the past either. Seems he violated his probation a few times while on for the DUI which won't make the judge very happy. I'm thinking he'll get the felony conviction and pull a few years of probation which means I have to be carefull as the house will be open to visits from his probation officer. All around sucks.
Lesson here is make sure your lights work on your vehicle and stash your goods at all times.
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PostPosted: Wed Sep 12, 2007 10:54 pm    Post subject: Reply with quote

Quote:
Lesson here is make sure your lights work on your vehicle and stash your goods at all times.


...and EAT the 'shrooms.
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Jason
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PostPosted: Fri Sep 14, 2007 4:43 pm    Post subject: Reply with quote

Mystic Power wrote:
Quote:
Lesson here is make sure your lights work on your vehicle and stash your goods at all times.


...and EAT the 'shrooms.


....and Kick Down to your Uncle!
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