So, a few months ago, a client calls about a PMJ ticket written by Adams County Sheriff Deputies Doug Kelsay and Michael Benson with the Drug Task Force. She is over 21 and the ticket was from April 2013.
I tell her to just go to first court date and ask DA for dismissal. She does and DDA says, sure, if you take a "better choices class." She sends me a text and I say, no way.
So I file a motion to dismiss, write a letter to the DA and ask the case be dismissed prior to next court date. They did not DM until today when we showed up.
I complained that cops need to be trained and so does the DA from the last appearance. I am worried that people w/o attorneys are getting a raw deal - hell, its a raw deal just to have your stash taken and being required to go to court. DA listens and generally agrees in that DA way. He says they are working on training the agencies and cops. (maybe the cop should take a better choices class?!?)
I almost wish they would not have dismissed so I could have brought the pain. If you have a case like this, lets discuss. I would love to teach a lesson in the right case. It is not illegal for an adult to possess less than 1 ounce of marijuana in Colorado after January 1, 2013. You cannot openly use or possess marijuana. But, if charged with this crime, do not plea guilty or accept a deal. It is no more illegal than having blond hair or being left handed.