My brother is a complete dope
February 5, 2010 5:28 PM Subscribe
(marijuanafilter) YANML, but my brother got busted for growing a single pot plant in Saginaw County, MI. How much trouble is he in?
He was caught last year growing a single plant in a five-gallon bucket. The Saginaw Sheriff's Dept was conducting a raid on the neighbors' house and happened to notice his single plant. He failed to follow up on reporting to court and/or pay his fine. (He's not telling me exactly the whole story). My main concern is the fact that he lives with my grandmother as her part-time caretaker on twenty acres of farm land.
This morning, the Saginaw Sheriff's Dept conducted a warrant on him at the farm and took him into custody. They had a drug-sniffing dog, which persuaded him to hand over his stash box containing approx. 2-3 grams of marijuana, when asked if he was holding. They didn't issue a citation for this, but just took him into custody for the warrant. I bailed him out on bond, and he is back at home now.
Google has failed me on my search for Saginaw County laws regarding cultivation. I did however find a "lawyers" website that stated that Michigan has some of the harshest cultivation punishment in the States. (Minimum 4 years jail time and minimum $15,000 fine for ANY cultivation). But the website is four years old, and Michigan has since adopted the Medical Marijuana Initiative.
He is obviously going to get a lawyer now for court, but MY main concern is this: How much danger is my grandmother in, as far as the authorities confiscating her land? And are the cultivation laws still as strict? Is there a way to ensure that my grandmother keeps her property? I could care less about what happens to my brother, regarding my grandmother losing her land.
So does anyone in Saginaw County have any experiences they wish to share? Or anyone have any info at all, or could point me to some info in general? (Hiring a separate lawyer for grandmother is not out of the question, and will probably happen. I'm just trying to learn as much as possible before retaining a lawyer for her).
As always, thanks in advance, Hivemind!
He was caught last year growing a single plant in a five-gallon bucket. The Saginaw Sheriff's Dept was conducting a raid on the neighbors' house and happened to notice his single plant. He failed to follow up on reporting to court and/or pay his fine. (He's not telling me exactly the whole story). My main concern is the fact that he lives with my grandmother as her part-time caretaker on twenty acres of farm land.
This morning, the Saginaw Sheriff's Dept conducted a warrant on him at the farm and took him into custody. They had a drug-sniffing dog, which persuaded him to hand over his stash box containing approx. 2-3 grams of marijuana, when asked if he was holding. They didn't issue a citation for this, but just took him into custody for the warrant. I bailed him out on bond, and he is back at home now.
Google has failed me on my search for Saginaw County laws regarding cultivation. I did however find a "lawyers" website that stated that Michigan has some of the harshest cultivation punishment in the States. (Minimum 4 years jail time and minimum $15,000 fine for ANY cultivation). But the website is four years old, and Michigan has since adopted the Medical Marijuana Initiative.
He is obviously going to get a lawyer now for court, but MY main concern is this: How much danger is my grandmother in, as far as the authorities confiscating her land? And are the cultivation laws still as strict? Is there a way to ensure that my grandmother keeps her property? I could care less about what happens to my brother, regarding my grandmother losing her land.
So does anyone in Saginaw County have any experiences they wish to share? Or anyone have any info at all, or could point me to some info in general? (Hiring a separate lawyer for grandmother is not out of the question, and will probably happen. I'm just trying to learn as much as possible before retaining a lawyer for her).
As always, thanks in advance, Hivemind!
it's not clear from your story - when he was caught growing - was he growing it at your grandmother's?
posted by nadawi at 5:34 PM on February 5, 2010
posted by nadawi at 5:34 PM on February 5, 2010
Response by poster: Yes, the single plant was on her property.
posted by peewinkle at 5:44 PM on February 5, 2010
posted by peewinkle at 5:44 PM on February 5, 2010
I'd probably stop talking about the case in a public forum with such clear detail.
posted by barnone at 5:54 PM on February 5, 2010 [4 favorites]
posted by barnone at 5:54 PM on February 5, 2010 [4 favorites]
Flag your post so the admins can delete it. You don't want to be talking about things in such detail on the internet. Your grandmother should be getting a lawyer, but you already know that.
posted by bigmusic at 6:07 PM on February 5, 2010 [3 favorites]
posted by bigmusic at 6:07 PM on February 5, 2010 [3 favorites]
Best answer: Before the delete comes I had some friends get busted with a full on grow room, thousands of dollars in lights etc. It cost them 15k for a lawyer, and roughly 2 years probation , drug counseling, and around 2500 in fines for each.
They owned the house they were busted in. This was in Illinois. No one even mentioned taking their property.
I think the whole "confiscate property thing" has largely been ruled out as an effective way of dealing with very small offenses such as your brother's.
He failed to follow up on reporting to court and/or pay his fine.
That line alone says no one cares about your grandma's property. They care about HIS failure to show up in court.
posted by Max Power at 6:21 PM on February 5, 2010
They owned the house they were busted in. This was in Illinois. No one even mentioned taking their property.
I think the whole "confiscate property thing" has largely been ruled out as an effective way of dealing with very small offenses such as your brother's.
He failed to follow up on reporting to court and/or pay his fine.
That line alone says no one cares about your grandma's property. They care about HIS failure to show up in court.
posted by Max Power at 6:21 PM on February 5, 2010
(He's not telling me exactly the whole story).
He's probably not in that much trouble, but given your words (above), it's tough to know without the full story.
posted by Dee Xtrovert at 6:49 PM on February 5, 2010
He's probably not in that much trouble, but given your words (above), it's tough to know without the full story.
posted by Dee Xtrovert at 6:49 PM on February 5, 2010
They need a criminal attorney, stat. Pay for one if possible. Getting this taken care up professionally and up front.
posted by Ironmouth at 8:27 PM on February 5, 2010
posted by Ironmouth at 8:27 PM on February 5, 2010
This thread needs deletion. Get your answers from a lawyer.
posted by dunkadunc at 8:38 PM on February 5, 2010
posted by dunkadunc at 8:38 PM on February 5, 2010
I might even ask the cops how much trouble he could be in. Try and get a sense of what's going to happen. My feeling is he's probably not in that much trouble. Don't admit to any intent to sell, for sure.
posted by xammerboy at 9:51 PM on February 5, 2010
posted by xammerboy at 9:51 PM on February 5, 2010
Best answer: I think the thread deletors are being way overly paranoid. All of the information provided in this thread was stuff that the cops already know (the police arrested, he missed court, he turned over x grams, etc). They are not going to comb the internet for statements about the case from people who aren't even directly involved.
posted by delmoi at 10:12 PM on February 5, 2010
posted by delmoi at 10:12 PM on February 5, 2010
Again, IANYL, or the lawyer of anyone here. Ask Metafilter does not do criminal law well, and I really think that this kind of question should not be here. But as long as it is here, I want to set a few things straight...
Why would they subpoena him when everything he has written about was actually witnessed by real, honest-to-god police officers? His brother admitted nothing that is not already known by people who are much easier to get into court than the poster.
The fact that you ask this question shows that you shouldn't be on here giving legal advice on criminal issues. That's like saying "the cops already arrested him, so they know he did it, so he might as well just confess." There is a world of difference between what was witnessed by "real, honest-to-god police officers" and proof of the applicable elements of a criminal offense. It is very unlikely charges like these are going to go to trial; the game theory element present in getting the best deal for a criminal defendant involves, among many other things, the efficient use of government resources and how public the activity was or has become.
Yes, by all means use metafilter to hide evidence and testimony...nothing bad will come out of this for everyone.
Interesting approach, but it's certainly not testimony, and in most places it wouldn't meet the standards of evidence, either. I'm not up to speed on the latest in the use of laws of evidence handling to prevent an operator of an internet forum from removing discussion of criminal activity, but I expect that it is quite limited.
posted by iknowizbirfmark at 8:03 AM on February 6, 2010
Why would they subpoena him when everything he has written about was actually witnessed by real, honest-to-god police officers? His brother admitted nothing that is not already known by people who are much easier to get into court than the poster.
The fact that you ask this question shows that you shouldn't be on here giving legal advice on criminal issues. That's like saying "the cops already arrested him, so they know he did it, so he might as well just confess." There is a world of difference between what was witnessed by "real, honest-to-god police officers" and proof of the applicable elements of a criminal offense. It is very unlikely charges like these are going to go to trial; the game theory element present in getting the best deal for a criminal defendant involves, among many other things, the efficient use of government resources and how public the activity was or has become.
Yes, by all means use metafilter to hide evidence and testimony...nothing bad will come out of this for everyone.
Interesting approach, but it's certainly not testimony, and in most places it wouldn't meet the standards of evidence, either. I'm not up to speed on the latest in the use of laws of evidence handling to prevent an operator of an internet forum from removing discussion of criminal activity, but I expect that it is quite limited.
posted by iknowizbirfmark at 8:03 AM on February 6, 2010
Mod note: bunch of comments removed - stop hollering or go to MeTa
posted by jessamyn (staff) at 8:59 AM on February 6, 2010
posted by jessamyn (staff) at 8:59 AM on February 6, 2010
Get a lawyer. Things are very bad in your neighboring state of Indiana.
posted by toodleydoodley at 1:09 PM on February 6, 2010
posted by toodleydoodley at 1:09 PM on February 6, 2010
This thread is closed to new comments.
You should read up on it and contact a lawyer on your grandmother's behalf. Your grandmother's interests may not align with your brother's in this matter; she should have her own counsel.
I'd start your reading here.
It may not be an issue at all, but it would behoove you or your grandmother to start from the assumption that the worst case is in the cards until proven otherwise.
posted by dfriedman at 5:32 PM on February 5, 2010 [1 favorite]