Possession of a "Controlled substance" in Yosemite...

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Messages 61 - 80 of total 103 in this topic << First  |  < Previous  |  Show All  |  Next >  |  Last >>
'Pass the Pitons' Pete

Big Wall climber
like Ontario, Canada, eh?
Feb 1, 2013 - 03:20pm PT
Urgent - check your email.
FRUMY

Trad climber
SHERMAN OAKS,CA
Feb 2, 2013 - 11:25am PT
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.
pyro

Big Wall climber
Calabasas
Feb 2, 2013 - 11:42am PT
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.
Ken M

Mountain climber
Los Angeles, Ca
Feb 2, 2013 - 12:06pm PT
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.
BJ

climber
Feb 2, 2013 - 12:21pm PT
Way back when, circa about 1978, there was a blurb in Climbing about a active first ascensionist in SW Utah who was busted by the NPS rangers for pocession of marijuana. The probable cause was that the rangers could see marijuana seeds on the floor boards of the offenders car.

I've always wondered how that turned out.

Maybe i'll find out here.
FRUMY

Trad climber
SHERMAN OAKS,CA
Feb 2, 2013 - 07:33pm PT
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.
Ken M

Mountain climber
Los Angeles, Ca
Feb 2, 2013 - 08:56pm PT
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.
shipoopoi

Big Wall climber
oakland
Feb 2, 2013 - 09:46pm PT
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
Patrick Sawyer

climber
Originally California now Ireland
Feb 3, 2013 - 09:20am PT
shipoopoi, sounds sensible to me, as long as he can get the advice/help of a lawyer like Farkus.
FRUMY

Trad climber
SHERMAN OAKS,CA
Feb 3, 2013 - 05:15pm PT
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.
John M

climber
Feb 3, 2013 - 08:06pm PT
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
Toker Villain

Big Wall climber
Toquerville, Utah
Feb 3, 2013 - 09:35pm PT
Well BJ, I remember a case in '78 that happened in Colorado National Monument.

The Chief Ranger untied a backup rope and tossed it over the edge. When the climber, a long haired hippy type who owned no guns, went to talk with the CR, named Henry Schock, he was told (on March 23rd at 10:30am) that the next time he would SHOOT the rope down.
This statement was later confirmed by him to Mike Kennedy, then editor of Climbing.

On March 28, while said climber was on the 2nd ascent of Angular Motion, Schock and another ranger broke into the climbers car, confirmed a stash, then closed it up and obtained a warrant on the basis of "seeds visible".
They didn't know that they had been seen breaking in before obtaining a warrant.

When the climber returned he was taken to lockup and his partner took his car home.

The next morning he was released with a ticket that eventually cost $50.

When he got to his partner's house and looked in the car he found his chamber pipe still loaded and nestled between the front seat and the drive shaft housing. He also found his main stash untouched.
They had only found his "ready" bag, and in their excitement neglected a thorough search!

Oh,... and that business about threatening to shoot at the ropes of a climber that owned no guns,...

Do you think he still doesn't own any guns?

But they DID get $50.

Do you think they still count that one as a win?
HighDesertDJ

Trad climber
Feb 3, 2013 - 11:42pm PT
310 said
Yosemite is one of a very few National Parks that has exclusive jurisdiction. Only Federal laws apply - not California state laws. Some rangers have to enforce laws they do not believe in. Be polite and hope the judge just gives you a lowish fine.


When I lived there there was a rumor that one could request for a hearing to be moved to the related California State court. People often cited that possibility as a loophole for getting more lenient treatment if you were caught in Yosemite with marijuana. I never saw anything to back that up but that seemed to be a popular idea.
SalNichols

Big Wall climber
Richmond, CA
Feb 4, 2013 - 01:00am PT
If you accept a misdemeanor fine, your are pleading guilty. You can give up traveling to Canada, the U.K., and most of the E.U. Have fun with that. Trust me, talk with a lawyer before you plead to anything.
Ken M

Mountain climber
Los Angeles, Ca
Feb 4, 2013 - 01:14am PT
I don't think there should be a issue if you have a real prescription
from a real doctor.


real doctors know that they CANNOT write prescriptions for grass...it is illegal.

Doctors can ONLY write recommendations, at least in CA.
tooth

Trad climber
B.C.
Feb 4, 2013 - 02:19am PT
http://www.cbc.ca/news/canada/british-columbia/story/2013/02/03/bc-superbowl-fan-denied-us-entry.html



Yeah, each country doesn't like to admit anyone who has been caught with weed.



But somehow you have 11 million illegal aliens who have snuck in? I wonder if any of them have anything to do with weed?


Best of luck to you!
SalNichols

Big Wall climber
Richmond, CA
Feb 4, 2013 - 03:37am PT
Hey, I'm not claiming that any of this makes sense. I'm saying that you ABSOLUTELY DO NOT WANT a Misdemeanor conviction on your record. If they want to indict, ask for a continuance. If you can afford a lawyer, get one. If you cannot, ask for a P.D. A misdemeanor conviction will f**k you up. Any advice to the contrary is b.s.
shipoopoi

Big Wall climber
oakland
Feb 4, 2013 - 08:46am PT
john m, pretty darn sure that is the case. like when foreigners get basted for a $250 pot fine, part of the incentive to pay is that it will not go on your record, so that you CAN reenter the country. if, as a foreingner, you fight the ticket and lose, then it does go on your recond and you can forget about coming to the US again. ss
Don Paul

Big Wall climber
Colombia, South America
Feb 4, 2013 - 09:58am PT
I'm with Sal. You don't want a criminal record. You want to plead not guilty tomorrow and hopefully they will assign you a public defender, and hopefully can get the case transferred out of that kangaroo court into a real one. If you're on your own with no lawyer then look up the laws online and try to find the rule that lets you get the case removed to federal court, and the standards the judge will use to decide that. As I mentioned I'm not licensed in CA and don't know about this anyway, but for removal from state to federal court, for example, there are standards you have to meet and explain to the judge how you meet the standards. The public defender should know this. I wouldn't say you're a mmj patient or get into the facts of the case at all if you don't have to. Just plead not guilty and try to get into a real court. As to whether the citation will go on your record, how you would get it expunged, and what that really means, and how it may affect your ability to find work in the future, you should seek real legal advice. For me personally, lying on job applications and hoping my employer will never find out, because the records were supposedly expunged, would not be an option.
Patrick Sawyer

climber
Originally California now Ireland
Feb 4, 2013 - 10:08am PT
I'm with Sal and Don Paul on this one. Plead not guilty, find a public defender and fight it. I personally know people in both Ireland and the UK who have not been allowed in the US, because of a pot bust. And I have met several Americans over the years, back home, who have been 'refused to leave to permit to entry' in several countries.

And yes the employment issues and home loans issues could raise an ugly head if you plead guilty.

I suppose you could take your chances and throw yourself at the mercy of the judge, but WHAT IF? And that is a huge WHAT IF. Do you want to take that risk?

Again, I am not a lawyer. Find one. Jcory86, you go to court tomorrow don't you? If so, find one fast or get legal aid. Don't plead guilty, at least that is what I would do. But I do not know what the ramifications of a Not Guilty plea would be.

I have no legal experience or expertise.
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