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Felon for marijuana

Discussion in 'Criminal Records, Expungement' started by Donnie863, Dec 13, 2019.

  1. Donnie863

    Donnie863 Law Topic Starter New Member

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    I became a felon back in 2012 for selling marijuana. So i want to have it completely removed, With all rights restored. I got pulled over for a seat belt and got caught with 4 grams marijuana but they were in separate baggies that was in a big zip lock baggie. I was in the back seat watching the officer in the front seat weigh the marijuana on a uneven surface and instead of taking the little baggies out of the big ziplock bag he put it all on the scale and the weight was more then i had in marijuana. I never went to court for my plea deal, cause when i got bailed out of jail i got a call from a sheriff saying there was a warrant out for a arrest come to find out they forgot to charge me with a other offense and i had a public defender when i called him he told me it would look bad if i was in jail when i had to go to court, so he said dont turn myself in that he will go to court for me. I was young and so confused it happen so fast before i knew it i was a felon and i felt tricked. After i became a felony in court some how the judge forgot to take off the warrent and reinstate my weekend work release, so when i went to my weekend work release i was arrested and when i seen a judge in jail he said it was a mistake and i wasnt suppose to be there so they finally realease me made no sense.


    Now heres what i really dont get all American people are suppose to have equal rights and be treated the same so how is it other states weed is legal but not in Florida. I know each state has there own laws but we are all Americans should we all be able to have the same freedom? How is that fair, i feel like they tease and trick us marijuana is on tv, in our music, on magazine people are even getting careers for marijuana. So how is this fair, where one man has the freedom to use and sell marijuana but the other man can not cause they both live in america but there different by state thats clearly unfair and wrong. I feel it should be taken off my record for being unfair cause other Americans have that freedom why dont i.
     
  2. mightymoose

    mightymoose Moderator

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    States have the freedom to enact their own laws. Powers not given to the federal government by the constitution are reserved to the States and the people. The laws do not have to be the same in every state.
    You did not provide any information that indicates any wrongdoing to support overturning a conviction.
     
  3. flyingron

    flyingron Well-Known Member

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    As AJ points out, things can be legal in one state and illegal in another. It's also possible that it's legal now but not when you committed the crime. You don't get any consideration in either case.
    In fact, it's illegal federally to sell marijuana in any state.

    The good news is that since you had less than 25 pounds of pot involved, you likely are eligible for expungement. It's involved, info here: Certificate of Eligibility Instructions
    You may wish to speak to an attorney.
     
  4. zddoodah

    zddoodah Well-Known Member

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    That's going to require a pardon from the Governor of Florida, although even that might not get all rights restored.

    That's not true.

    Because the government of the United States allows for what's called dual sovereignty. What that means is that, in addition to being subject to U.S. federal law, we are also subject to the laws of our states of residence, and each is free, with some restrictions, to enact whatever laws it feels are appropriate. Keep in mind, by the way, that pot was illegal everywhere until the end of 2012, so you weren't really treated any differently.

    "The same freedom" is an ambiguous comment. If you're asking whether I think all states' laws should be identical, the answer is no (not that my opinion of how the laws should be is of any value).

    Who are "they"?

    The same is true of murder, so do you also think murder should be legal?

    Bottom line: If you don't like how things work here, you're free to try and change them or try to move to another country where the laws are more to your liking.
     

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