Deferred Entry of Judgement and subsequent Detainment

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Joined: Tue Oct 23, 2012 8:43 pm

Deferred Entry of Judgement and subsequent Detainment

Post by JPB » Tue Oct 23, 2012 9:03 pm

Hello all,

In January of 2004 I was arrested for Felony Cultivation of Marijuana, yet after successfully completing California's Deferred Entry of Judgement, PC 1000 program, the conviction was set aside 18 months after the arrest. Prior to the arrest I was using medical marijuana as treatment for TMJD. Not wanting to leave a paper trail I never requested a prescription for marijuana, which I was entitled to under California's Compassionate Use Act (H&S 11362.5), from my doctor and this left me legally vulnerable when the police raided my home to seize my small indoor crop and during the subsequent trial. Being a first-time offender the court allowed my participation in the DEJ program and I returned a few months later to have my 18-month probation modified to allow continued cultivation and use of marijuana while completing my DEJ program, which is allowed under H&S 11362.5 However, during December of 2004 the police, not happy with the disposition of my case and subsequent permission to continue cultivating marijuana raided my home again and I was once again led off to the local jail. Yet, prior to being boarded onto the bus that would take me to the local courthouse I was pulled aside by a jailer and informed that I was free to go. They handed me a cardinal colored carbon copy of a document which stated I was not arrested, only detained, and that after reviewing the evidence (court minutes showing the modification of probation) it was found that I had not broken any laws.

After reading multiple posts it seems that it would serve my interests best to disclose the first incident as it was in fact an arrest, though the charges were later dismissed and I am legally entitled in California to report that I have not been arrested/convicted on this charge. I am a little concerned about how to disclose the second 'detainment'. Since I wasn't even arrested during this second incident should I disclose it?

I've already decided to err on the side of caution and disclose the first incident, but am not sure about the second. My decision to cultivate rather than purchase was a personal moral one as I live in a city where gangs controlled the marijuana trade at the time and I didn't want to contribute economically to their activities. Regardless, I soon decided to pursue other treatments as the experience with law enforcement was painful and scary for my family and I have since abstained. Any input would be greatly appreciated!

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