I was unfortunately stopped at a Border Patrol station while moving from California to Florida. I was asked to submit to a search cause a dog alerted them to something. They explained that the dog was trained to alert for smuggled people and narcotics and i asked what a smuggled person smells like, or if they smell different then a non smuggled person or me? I then indicated i had marijuana in the car, and it was medical from california and had the paperwork along with real medical documents along with MRI, xrays, doctor reports, (Cancer patient, and spinal surgery patient)
I was moving from California and had everything i owned in the car as i had lost my home, and my family. I had my cat with me, (which i wish i didnt have, but again, no family to take her)… anyways. i was arrested after they found the pot, whic was exactly where i told them, and it was sealed and not used during the trip and was inaccessible from the driver seat.
the wanted me to sign an inventory list of four items, and when i indicated there was more then four things in the car they got upset and explained they had to inventory everything, including my underwear??? They explained it was a general description of the inventory, and i stated if they wrote that or something like that then i would sign.
but again, they said they couldnt be general of ambiguous. and i said i couldnt sign a paper that was incomplete, and what would happen if someone stole my tools, or my stereo, or my underwear… It was everything i owned.. I had sold and given away everything that didnt fit into my car…
they went and did an inventory, and even dropped stuff and boxes and a wrapped lamp.. an antique that was one of the only ‘things’ that i kept from my grandmother.. it was a hand painted lamp with cast metal base. it was wrapped in padding and bublewrap and shrink wrap.. they stated that even if they open it up and found it was broken they wouldnt know if it was broken before i wrapped it and then they woudnt be able to wrap it up after??? and i would have to continue the trip with it unprotected???
anyways, after that they told me i was arrested, and i spent the next 3-1/2 days in jail wihtout any medication, no, not the pot, my cancer medication, my blood pressure meds, my depression meds, my gerd meds… and of course the real prescription pain meds from the cancer treatments.. not the pot.. of course..
i bailed out and had to pay for towing of my car and impound fees… so after i bailed out, i had to wait another day and spend a night in a hotel, and then the next morning i went back and had to wait 5 hours although i was the only one at the police station trying to get my car… but apparently it takes 5 hours to process that paperwork.
anyways. its now been 4 months, and nothing… my public defender, who is the local lawyer who picks up the cases or is assigned cases, (I dont think it is pro bono as he said he is contracted to the county or area for this cases)? indicated a few things…
he told me that although i had less then an ounce, they border police and the local police indicated i had more then 4 ounces… if i had less then an ounce i would have been given a ticket… but for four ounce or more it is jail time…
he said the case should be dismissed but if they lied about the qty, they might find an extra 3 ounces to make sure the qty matched the report???
he also said they have no right to speedy trial thing there as they are in the boon docks and have to share judges and court room staff… so it may take a while?
what is up with my case? what are my options? will i have to go back to texas for this to be dismissied? will i always have this on my record? Should i go to trial and make them lie and produce the evidence? Can the prosecuting atty reduce the charges to less then ounce? Will he giv eme credit for time served and will that be enough? Will he plea bargain the sentance down to less then an ounce? And should i take that? or should i make him charge me for the 4 ounces and end up chaning it to less then an ounce the day before the court trial?
will i always have an arreest on my record if it is ‘dismissed’? how will this affect me if i go to different countries? (I bought a boat in florida and planned on sailing away from the US and visiting south america and the Virgin Islands, not just teh US islands?
i already found out i can never get a ‘Captains license’ as there are rules about ARRESTS and Narcotics and Vehicles…. which sucks, cuase you can have an arrest for narcotics aand an arrest for vehicls something, but not both…
how long will all this take to pan out?
my apologies for nto detailing my attempt to take ‘responsibility’..
I did and was trying to be polite and i did apologize to the border patrol officers and to the local police and jail personnel, and i was cooperative and all that as i know medical marijauna is not legal in Texas and many other states.
and although i understand and believe a lot of folks use the MEDICAL excuse as a reason to smoke and get high i do not… I had smoked pot when i was younger, (low 20’s) and quit for 35 years… i was told / suggested to smoke when the doctors started prescribing morphine and i had problems staying awake and performing normal acticvities.
When i smoke now, (if and when ican find it), i usually take about 3 hits/tokes, after dinner and then reads and fall asleep. sorry if that upsets your senseibilities… but the alternative is to take hard narcotics and to be on assistance, either govt or insurance…
I didnt know i was being charged for 4 ounces until i was released, and thoug
