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Toker Villain
Big Wall climber
Toquerville, Utah
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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?
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HighDesertDJ
Trad climber
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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.
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SalNichols
Big Wall climber
Richmond, CA
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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.
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Ken M
Mountain climber
Los Angeles, Ca
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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.
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SalNichols
Big Wall climber
Richmond, CA
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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.
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shipoopoi
Big Wall climber
oakland
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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
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Don Paul
Big Wall climber
Colombia, South America
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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.
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Patrick Sawyer
climber
Originally California now Ireland
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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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Ken M
Mountain climber
Los Angeles, Ca
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Never mess with people who have the power to make your life miserable. That includes DMV employees, waiters and baggage handlers. And judges. Especially them.
A Miami woman facing drug charges made her situation much worse when she laughed at and then flipped off the man with the gavel. File this case under: Ill advised.
According to NBC Miami, 18-year-old Penelope Soto was in court for charges relating to possession of Xanax, a prescription drug. Judge Jorge Rodriguez-Chomat was in the process of setting her bond. He asked Soto about the value of her jewelry. Soto laughed. That was strike one.
"It's not a joke, you know, we're not in a club now," Rodriguez-Chomat said. "We are not in a club. Be serious about it."
Soto replied: "I'm serious about it, you just made me laugh. You just made me laugh, I apologize. It's worth a lot of money."
The judge said, "Like what?" Soto compared the jewelry to a wealthy rapper. She replied that the jewelry is "like Rick Ross. It's worth money."
The perplexed judge asked if Soto had taken drugs within the past 24 hours, to which she answer, "Actually, no." The judge then set Soto's bond at $5,000 and said, "Bye-bye." Soto chuckled and said, "Adios." Strike two. The judge summoned her back and raised the bond to $10,000, eliciting gasps from those in the courtroom.
Soto asked if the judge was serious. Judges are not known for their humor, and Rodriguez-Chomat is no exception. "I am serious," he said. "Adios."
But Soto wasn't done. Instead of leaving the courtroom she flipped Rodriguez-Chomat the bird and said "F*** you." And that was strike three. Soto was again called back and then sentenced to thirty days in the big house for contempt of court.
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mucci
Trad climber
The pitch of Bagalaar above you
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Bunch of fear mongers here,
Getting off with a fine, and the ca note will be worth showing.
Bet.
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SalNichols
Big Wall climber
Richmond, CA
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Bump...where's our boy? No tr of Skull Queen or his arraignment...
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Rolfr
Social climber
North Vancouver BC
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Ken M
I don't understand your point, no relevance to this topic. Just because that biatch has attitude and money doesn't give her the right to be arrogant.
Watch the vid, http://www.digitaljournal.com/article/342922 if I was the judge, I would't have let her out after 30 days unless she apologized to the court.
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climbski2
Mountain climber
Anchorage AK, Reno NV
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Hope he's busy climbing.
You know what is really stupid.
That this is any issue whatsoever
The fear that encompasses this issue is a fully artificial construct demanded by insane lawmaking.
So easy to fix..a few lines of script printed on a little piece of paper signed by one person.
The process to get there will take a few more years sadly.. saddest of all is that it's inevitability does not reduce the span of time.. the span of unnecessary fear of governments power to destroy your life.
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Bargainhunter
climber
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Could someone refresh my memory as why governments have laws against psychoactive substances? I can understand laws against being intoxicated in situations that could lead to the harm of others (e.g. drunk driving), but if you are lying in your backyard high on (fill in the blank substance), who cares?
Most countries have prohibitions on these things. But why? This is a serious question. It really seems like a waste of law enforcement and I fail to see the societal benefit of these laws.
Indonesia has capital punishment laws for minor possession. Japan’s laws make the USA seem tolerant.
Please explain why many cultures are afraid of people being drunk, high, disinhibited, stimulated, sedated, transiently psychotic, euphoric, etc. by their own choice.
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Jan
Mountain climber
Okinawa, Japan
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bargainhunter-
If everyone stayed in their own backyard getting high on relatively innocuous drugs, probably the government wouldn't care. However, not all drugs are equal and society often ends up paying the price for those that aren't. Marijuana and heroin aren't the same in their results, let alone cocaine or crack or meth. If the addict only screwed themselves up, in America at least, probably nobody would care, but all of society pays for the crime and the hospital, rehabilitation and prison bills caused by the more malevolent drugs.
The problem in America is that we apply the same one size fits all to every drug besides alcohol and tobacco when clearly hippy lettuce isn't in the same category as the others. The establishment of course feels that if they ok the herb, then the next step will be people clamoring for heroin or crack to be legalized - the old domino theory of drugs.
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Tobia
Social climber
Denial
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Jan, may I add another reason why our country refuses to change the drug laws that needlessly as well as counter-productively places drug users behind bars and that is the prison industrial complex in this country.
Not only are corporations realizing large profits from catering to the needs of government run prisons: but also prisons run by private industry.
These businesses have powerful lobbyist and support groups which work hard to ensure that prisons be kept full, increase in number and that the "guests" have extended stays.
I'm afraid the senseless, counterproductive as well as costly practice of sentencing illicit drug users time behind bars will not end because of logic and economic sense.
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jcory86
Big Wall climber
Grass Valley, CA
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Topic Author's Reply - Feb 8, 2013 - 08:12pm PT
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Tacostanders!
The valley trip was a success! Sent Skull queen hammerless in 19 hours Car to Car 12 hours on route. It has come kick ass C2+ pitches and the .10b/c pitch on top is fantastic. I ditched my approach shoes and half the gear and freed it at sunset. Probably the best pitch Ive climbed in the valley so far.
As far as the dope....
I didnt even make it into the courthouse. I talked to the federal public defender, thanks PTPP for the contact info, and showed him my script. He walked into the prosecutors office and they talked for maybe 2 minutes. They both walked out and gave me a "stern-talking-to" ie: "dont bring pot in the park, ok?" Shook my hand and said I was free to go. No fine and nothing on my record. I walked back towards the store on cloud 9.
Im writing up the TR right now and will post it up ASAP
This post sure got everyone talking...
I appreciate all the positive thoughts ladies and gents.
Next up is zodiac in a push in april!!!
jcory
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Risk
Mountain climber
Olympia, WA
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Great news!
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Brandon-
climber
The Granite State.
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Yeah, Great News!
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