A possession charge from 2013 was never taken care of. On a trek to take care of old stuff, it was assigned a pre-trial/arraignment date. How likely is it that the judge will dismiss the case given the current legality of marijuana in the state?
Wow! Haven't seen one of those in awhile. The court would not have to dismiss it, because it sounds like it was charged at the time and just not addressed. However, I would imagine the prosecutor will be very interested in resolving this favorable and quickly.
There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.
My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... Read more »
That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.
While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...Read more »
You should ask your lawyer or the probation officer. Most courts prohibit medical marijuana while on bond or probation.
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