Legal advice for Virginia farmers

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TREEFARMER

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Oh what a bad day May 10, 2010 was! 9:06 a.m. as I am backing out the driveway, 2 vans, local pd and DEA roll into my driveway and dudes looking like Darth Vader get out with shotguns drawn and yelling "get on the ground".

8 hours later I am back home with 2 felony charges, no vehicles and a mad wife who also got charged but had nothing to do with it, other than just knew it was there.

I had abou 42 plants, 1/2 flower and 1/2 veg. The grow was perpetual so most of flower was way immature. Those that were close to harvest were 14 inches at most. My estimate is less than 1/2 oz of useable. I am sure they will come up with more because they suck.

So its about 2 weeks later and I have an attorney and have been really looking into the VA pot laws.

Heres the good news. In VA, if you can prove that you were not selling, which I can because I won't, the penalty is Class 1 misdemeanor. There is NOT a charge in VA for manufacture for own use. It goes to a class 1 misdemeanor for simple possession. Also, a vehicle cannot be kept by the police if convicted of only simple possession.

I wll tell you this, DO NOT drive your vehicle to I Love Hydroponics store in Richmond or VA beach. They had all kinds of pics of me and then checked on elect. power records. Dumbasses thought and told me that they thought they had a much bigger bust and were truly dissapointed. I heard one say to another " jeez this is it, why are we even here."

It was a federal Dea bust that turned into state charges.

I am most dissappointed that I had just gotten some Jack H. and LA confid. that I was so looking forward to enjoying. And, I fucking miss my plants and hobby that I have been doing now for over a year.

What a bitch. The moral of this story is: If you want to keep your risk down in VA, grow small grows ( < 20 plants flowering) and do not sell. Apparently it is okay to give away. An exception in VA law says that if the person can prove that they did not sell but only gave away to friends etc., it is only a misdemeanor and jail time is not likely if 1st offense. We will see. I will keep you posted.

Bummed in VA :mad0223:
 
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CAPO

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Sorry about the misfortune. Thanks for sharing your experience. Be safe.
 
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TREEFARMER

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yes and knew who I was talking to. Asked me how I knew them. Real truth is I don't know them.
 
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CharlesSprkleaf

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I dont know bro... but the Feds in Va. are usually on you first and just followed you to the stores... hope everything works out for you.
 
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TREEFARMER

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Thanks, you could be right about being on me first. Good chance they got tipped from a dude who got busted about 2 months ago.

Can anyone tell me how they can get a warrant without anyone seeing it? And I mean no one saw it but me. All they seem to have was the pics at the hydro shop and $100 increase in electical bill on a 2300 sq. ft. house. I may find they have more but based on the way they searched they were not watching my house plus there is no way to see my activities from anywhere.

VA
 
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CharlesSprkleaf

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Thanks, you could be right about being on me first. Good chance they got tipped from a dude who got busted about 2 months ago.

Can anyone tell me how they can get a warrant without anyone seeing it? And I mean no one saw it but me. All they seem to have was the pics at the hydro shop and $100 increase in electical bill on a 2300 sq. ft. house. I may find they have more but based on the way they searched they were not watching my house plus there is no way to see my activities from anywhere.

VA

they can get a warrant from your trash or a snitch that really knows your doing something... $100 dollar increase couldve been anything... that excuse probably was used against you because they knew somehow what was crackin at your spot bro... and then you said they had pics of you at both spots thats basically hours away from each other is wild...
 
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CAPO

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Usually the feds cases don't get tossed over not having probable cause..it seems they being interested in you is cause enough to most federal judges. Now that it is in the states hands the state DA will have to hash it out with your lawyer to find if they had probable or not. I've seen guys walk after sheriffs dept couldn't prove probable cause, but they seized everything and did not give it back.
I'm no expert on VA law, but I can tell you most states have wording in the law that speaks of giving or supplying for no money as a lesser offense and is written as sub-laws to distribution. If they decide to go ahead and file charges on you they will have to prove intent if they want more than posession and cultivation. Most states use weight as opposed numbers, unlike the feds. They will try to weigh freakn soil and all to get the numbers to prove intent.
And remember feds are dirty and lazy...they depend on CI or in other words rats.
 
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TREEFARMER

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and then you said they had pics of you at both spots thats basically hours away from each other is wild...
__________________

No, only pics at the Ric. location. My bad. I just know there is another store ( i love hydro.) in VA beach that they probably watch too.

I mean, what a better way to get leads than watch the peeps coming out with lights or carbon filters. I gotta think even the dumb ass cops can figure that one out. But I can"t figure out how they can get a judge ordered federal warrant for just that. My trash was clean. Thats why I am thinking I had snitch rat on me.

Absolutely no one saw my shit or bought any thing for at least 7 months. I used to have a partner and we grew at both houses for our own use about 9 months ago. I am thinking someone in that family is the culprit. Son of my partner is 19 or 20, he knew about me back then and he got busted about 2 months ago.

Seems possible but I will probably never know for sure. It won't change anything anyway. I can't get no revenge now, even if I new for sure. Just another ticket to jail.

I am looking forward to meeting with the pros. attorn. just to find out more about how it went down and to tell that MF that I ain"t no seller and I can prove it. This is the only time that being bankrupt is working in my favor.

I had no cash, no extra weed other than live plant, no scales or baggies and very little weight and less than 100 bucks in the bank. They can look back as far as they want and will not find anything. Broke is bliss!!!

Fuck them assholes!

Pissed in VA :sign0065:
 
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CharlesSprkleaf

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the burden is on the commonwealth to prove that you were selling now... I wouldn't talk to the DA without an attorney present... I don't want to play "farmhouse lawyer" but it seems a snitch made you out to be larger than you are... keep your head up... peace
 
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TREEFARMER

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Update

On June 4 both my wife and I got our vehicles back through the help of her lawyer who quickly filed a motion to have them release her vehicle.

The day the motion was heard it was orginally denied by the judge. Her lawyer pointed out that neither vehicle was mentioned in the warrant or were either of hte vehicles listed in the inventory seized. The judge agreed and turned to the PA, who was completly oblivious about the entire case. The commonwealth attorney had no information about the case. The PA called the arresting agent, who in turned call his administration and came back with the answer that they were planning on going to start forfeiture procedings. We were basically blown away by that. The judge denied the motion but told the PA that they better get off their ass and do their job.

Later that afternoon (june 3) my wifes lawyer called and said he had spoke the main CA and her vehicle was being released. When the officer called me, he said that both vehicles were being released. Right on bitches, I thought.

Havent heard anymore news, but will keep you all posted as to how this progresses.

I think wife will be dropped and after jumping through their hoops ( drug class, retricted license, 1 year parole) my charge will be dismissed. If I can get it to simple possesion for me, fuck it, I will deny the all the first timer shit, do the thirty days or weekends and fuck the parole and their drug tests.

Then move to California!!!!!!!!!

Peace
 
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Bubby

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sounds like snitchin to me, what kind of shit did u pick up from the hydro stores that may have drawn attention? lights? nutes? or what? definatly gonna not be going near a hydro store any time soon.. best of luck bro. seriously.
 
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TREEFARMER

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Over a course of about a year I bought everything. The 2 previous months before the bust ( how long they say they have been watching) just soil , pots and nutes.

Always get someone to take you ( to the hydro store) who don't grow. Problem is, that is another person who knows. I broke the #1 golden rule. "Don't tell anyone"

that point has been stressed so much on this site and yet some of us dummies, still have to learn the hard way.

Live and learn

peace
 
FLB

FLB

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Pay that attorney well, the good ones can always pull something out of their hat. I wish you the best. It sucks to see a fellow brotha take a hit like that. And to think how much those cocksuckers waisted of our tax dollar money. Smart thinkin....get to a medical state. It feels so much better with the royal blessing.
 
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TREEFARMER

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VA Tri-Cities beware!

Iif you are buying from I LOVE HYDROPONICS, beware! Brian is a NARC.

He was named as an informant on the warrant that was obtained in my case.

My preliminary is scheduled for July 21. My lawyer obtained the lab report and affidavit. Stalks leaves and all is under 1 lb. very weak warrant. we will see.
 
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justwannablaze

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Yeah I'm glad I got the fuck out of Virginia while I had the chance.. terrible state.. grew up there my whole life.. Illinois is much more lax.. but way more boring.. haha good luck bro
 

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