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Don Paul
Big Wall climber
Colombia, South America
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“In court the charges are often dismissed because it is not considered a priority.”
Locker, that sounds like Washington DC. For a few years after law school I was on the norml legal team, with my phone number on their website for people to call when they got busted. It was more comical than anything else, mostly college kid / dorm room type stuff. After the first couple of them, I learned that all mj possession cases in DC are "no papered", ie dismissed. The prosecutor shows up each morning with something like 50 case files and these are a waste of time. So then when people called I told them, just show up and in the unlikely event the case is actually prosecuted, ask the judge for a continuance while you look for a lawyer. For the next ten or so people who called me, this worked and I never charged any of them.* After I had enough of this I asked them to take my name off their website, sorry but there are bigger fish to fry.
DMT - yes the President can tell DOJ not to prosecute certain people or crimes. In the US prosecutors have total discretion whether to prosecute or not, which means their boss can tell them what to do. It's a shitty system that doesn't work well. In most other countries, crime victims have rights and can start a criminal prosecution on their own, it's not within the discretion of the prosecutors.
* PS - apparantly I could have charged them $4000 each.
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donini
Trad climber
Ouray, Colorado
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What Coz said about Canada....they won't let you in. All sorts of potential ramifications. A lawyer is a must!
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climbski2
Mountain climber
Anchorage AK, Reno NV
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^^ Is this true even if it's a misdemeanor infraction or only if a felony?
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Patrick Sawyer
climber
Originally California now Ireland
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jcory86, I'd listen to those about advising a lawyer and an extension, and heck if you can get it deferred to Fresno, do it.
At least visit a lawyer and get an opinion. The others are right, and it will not only be Canada, but also other countries may not allow you permit to enter. I just know that with a federal conviction, it sends red flags up to immigration/customs officers in countries, and remember, with computers, they can check fast.
I don't know about the $4,000 legal fees figure mentioned, but if it is in that ballpark and it increases your chances of no conviction, it may well be worth it, if you can afford it that is.
I am not a lawyer nor have a legal background, but even if it was a misdemeanor, a federal conviction still spells trouble.
Don't take a plea, is my non-legal advice.
(And no I have never had any sort of conviction of any kind, okay traffic school maybe.)
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GDavis
Social climber
SOL CAL
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Some great advice here, good one Coz.
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#310
Social climber
Telluride, CO
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Most National Parks have concurrent or shared jurisdiction - so state laws might overrule differing Federal laws. There are only two National Parks that have exclusive jurisdiction that negates the state laws. The two parks are Yosemite and Yellowstone - both created before the states they are in were granted statehood. Complicated.
You can ask for a Federal Public Defender and get free legal counsel. You have to show that your are "poor". My nephew is one of the Federal Public Defenders in Fresno. He started out with Yosemite cases but has "graduated" to bigger felony drug dealer cases. Carol Moses is one of the best defense lawyers in the area.
It has been 35 years since I was a Valley ranger but the legal weirdness has not changed. When you are in Yosemite, you are not really in California. Yosemite is one of the few parks to have its own license plates!
Get a lawyer - the same situation in a different National Park might be less serious.
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FRUMY
Trad climber
SHERMAN OAKS,CA
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After this is all over please post the name of this ranger.
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Toker Villain
Big Wall climber
Toquerville, Utah
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WTF,
I actually have a mind too. In addition I have experience with the feds, a battery of good lawyers, and an excellent relationship with them.
But I am the Toker Villain and, as long as I still have that right, I will exercise freedom of speech to question authority over this issue.
People who simply submit actually encourage authoritarian abuse.
The drug laws were born of racism anyway.
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mechrist
Gym climber
South of Heaven
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...then got the five years added on for another minor infraction
and the other minor infraction was?
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Ken M
Mountain climber
Los Angeles, Ca
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After this is all over please post the name of this ranger.
Yes, because this action will become known, particularly as a agreed-upon discussion among climbers, and for the rest of their career, they will go OUT OF THEIR WAY to tool any climber they encounter.
Probably their colleagues, as well.
Setting up a "us vs them" type of situation is a very bad idea, when the other side is the only one with guns and a ticket book.
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FRUMY
Trad climber
SHERMAN OAKS,CA
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Ken if they go out of their way to tool climbers, each time they do it & don't find anything & don't write a ticket & have a complaints filled against them it goes on their record & that is the way you get them transferred -- to the Salton Sea.
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pyro
Big Wall climber
Calabasas
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in 99' i got busted for having an 1 OZ of durty mexican weed in my haulbag. they dropped the charge for the weed and gave me time for lighting yosemite on fire. ohh well they don't call me pyro for nothing.
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Ken M
Mountain climber
Los Angeles, Ca
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Ken if they go out of their way to tool climbers, each time they do it & don't find anything & don't write a ticket & have a complaints filled against them it goes on their record & that is the way you get them transferred -- to the Salton Sea.
Frumy, if you think they won't find something if they want to, you live in a fantasy world. They have all the power.
the first time that they perceive that what you describe is a conspired process, you can guarantee that you will be found to have maryjane in your car, and all your climbing gear will be confiscated.
DO NOT get into a power fight with cops.
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FRUMY
Trad climber
SHERMAN OAKS,CA
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Ken I never get into a power struggle with law enforcement. I wait till it's over then I attack. I am on the phone to their superiors & then my lawyer is. I have had several Los Angeles Sheriff deputies forced to write me a letter of apology. It is permanently on their record, & they will never get a promotion. In todays world of cellphone cameras they would be out of their mind to plant pot on someone. & most aren't dumb, they aren't going to put their job an the line, much less their freedom.
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Ken M
Mountain climber
Los Angeles, Ca
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Ken I never get into a power struggle with law enforcement. I wait till it's over then I attack. I am on the phone to their superiors & then my lawyer is. I have had several Los Angeles Sheriff deputies forced to write me a letter of apology. It is permanently on their record, & they will never get a promotion. In todays world of cellphone cameras they would be out of their mind to plant pot on someone. & most aren't dumb, they aren't going to put their job an the line, much less their freedom.
That's a fine PERSONAL attitude, though rather near-sighted.
Let me give you the example of a buddy of mine, Bernard. For 20 years in YOUR COMMUNITY, he has been the subject of a nearly weekly traffic stop, that results in no ticket. He drives a nice car, but he belongs to a particular group that can be spotted from some distance.
you are now not posting as an individual, but as a member of a group, climbers. We are talking about stops in the Nat'l park, by federales. IF the federal LEO's think that the climbers, as a group, are setting them up, I shudder to think what can come down on our fellow ST'ers. I doubt that most "have a lawyer" waiting around to do their bidding. And you better worry about cameras, too. Because when you make your exaggerated phone calls, when they don't match the tape, you're fried.
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shipoopoi
Big Wall climber
oakland
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jcory, i have recent experience with this. not sure why you are not being issued a $250 ticket. if you have to go to court, you will likely have a chance to have andras farkus, the public defender, help you out for free. pay the ticket and it should go off your record. it is unlikely you would be able to get it referred to fresno, since you would have to prove there is bias against you from judge seng, a judge you likely have never met, and thus would have no bias against you. a nice plea bargain should be in the works for you, they dont want to take it to trial. ss
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Patrick Sawyer
climber
Originally California now Ireland
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shipoopoi, sounds sensible to me, as long as he can get the advice/help of a lawyer like Farkus.
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FRUMY
Trad climber
SHERMAN OAKS,CA
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Ken my community is policed by three departments. The CHP which is a highly trained & disciplined police force. All it takes is a few legitimate complaints from the same group of like people ( bikers ) for example & that officer will be stop from pulling over said group. The LAPD also is a highly trained police force & almost all of them know better. The third the L.A. sheriffs dept. which isn't train well enough & does make dumb mistakes at times, has been under the eye of the U.S. justice dept. for most of the last decade. If your friend documented this harassment & complains to there superiors & tells them he is sending the documentation to the Justice dept. it would stop & the officers involved would be transferred. If he does nothing it will continue.
The two Sheriffs deputies that were stopping me in the Angeles National forest anytime they saw me, now see my truck or me & my dogs & they immediately drive off.
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John M
climber
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pay the ticket and it should go off your record.
shippopi.. do you know this for certain?
I'm not an expert, but I thought that if you paid the ticket, then it goes on your record as a conviction. Paying the ticket means you admit guilt.. And its my understanding that federal records are difficult to expunge. Unless the judge orders it to be expungable after x amount of time.
It would be nice if an expert would comment on this.
A Canadian who won tickets to the super bowl was denied entrance to America because of a 32 year old 2 gram marijuana conviction.
http://sports.yahoo.com/blogs/nfl-shutdown-corner/canadian-man-wins-contest-attend-super-bowl-not-210921980--nfl.html
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