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The Most Gullible Judge in America


thebes

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Read this in the paper this morning and had to share.

 

It seems that a couple was stopped while driving through Nebraska and were arrested for marijuana possession. Their defense was that they did not know it was illegal to drive through Nebraska with pot, which they claimed they were simply taking home to their friends and family for Christmas in Massachusetts.

 

Here's the kicker. They were carrying 60 pounds, yes pounds, of pot.  Guess they had a very large family and oodles of friends.

 

Get this, the judge gave them probation.

 

 

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23 minutes ago, thebes said:

Read this in the paper this morning and had to share.

 

It seems that a couple was stopped while driving through Nebraska and were arrested for marijuana possession. Their defense was that they did not know it was illegal to drive through Nebraska with pot, which they claimed they were simply taking home to their friends and family for Christmas in Massachusetts.

 

Here's the kicker. They were carrying 60 pounds, yes pounds, of pot.  Guess they had a very large family and oodles of friends.

 

Get this, the judge gave them probation.

 

 

pot couple
Patrick Jiron, 80, and Barbara Jiron, 70, 
 
The Jirons were accused of transporting 60 pounds of high-grade marijuana worth $336,000 in York County
 
The couple said they were traveling from California to Vermont for the holidays and didn’t know it was illegal to transport marijuana in Nebraska. They said they intended to give the pot away as Christmas presents.
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1 hour ago, thebes said:

and were arrested for marijuana possession.

If they were charged with simple possession I can see where they could have gotten probation if they had no priors.

 

If they had been charged with distribution they should have gotten jail time.  We don't know the rest of the story but I fail to see how 60 pounds of pot is not distribution. 

 

I've seen older people and families who take children in the car to avoid being stopped by LE, if they were mules and knew what they were doing.  The parents who are mules and take their young kids with them to avoid LE should have their parental rights terminated IMO.

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21 minutes ago, wvu80 said:

If they had been charged with distribution they should have gotten jail time.  We don't know the rest of the story but I fail to see how 60 pounds of pot is not distribution

Really?  Jail (prison) time?Why?

 

Were there any issues with the stop, the search?  

 

By the way, you get charged with "Intent" to distribute and the state has to prove they had the "intent to distribute" beyond a reasonable doubt.  

 

I didn't read the article, did the prosecutors recommend probation?  That is usually the way it goes.

 

If the prosecutors were cool with it I don't see any big deal.

 

I was trying to find the article about a case I had about 15 years ago, 1,500 lbs of marijuana. 

 

 

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32 minutes ago, wvu80 said:

The parents who are mules and take their young kids with them to avoid LE should have their parental rights terminated IMO.

The state has that option, of course they have to convince a jury (at least in Texas), that it's the appropriate thing to do.

 

 

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15 minutes ago, dwilawyer said:
50 minutes ago, wvu80 said:

The parents who are mules and take their young kids with them to avoid LE should have their parental rights terminated IMO.

The state has that option, of course they have to convince a jury (at least in Texas), that it's the appropriate thing to do.

In West Virginia the parents would be charged with Neglect or Abuse, probably abuse.  Kids are removed from the home and given a 3 month improvement plan supervised by CPS.  If they don't follow the CPS plan they almost always get another automatic 3 month period.  CPS makes their report to the judge who by law must follow that recommendation unless he has a REALLY good reason why he is going against the CPS recommendation.

 

That struck a nerve because as an in-home therapist I had a little kid with major problems as a client.  I would go to his home in a drug infested neighborhood for counseling only to find his mother had pulled him out of school for the day and she and the boyfriend would travel to Cleveland to pick up drugs.  The whole situation irks me.

 

FYI those cases go to the WV Circuit Court as the court of original jurisdiction and only the WV State Supreme Court is higher.  The law is written that even if the Circuit Judge is hearing a murder case, the juvenile case has a higher priority and the judge will halt the murder trial to deal with the juvenile case.

 

BTW did you see where the ENTIRE West Virginia Supreme Court is being impeached?  Lovely.  :rolleyes:

https://www.cnn.com/2018/08/14/politics/west-virginia-supreme-court-impeach-trnd/index.html

 

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Well it gets better:

 

After the December incident, the couple was again arrested in Lancaster County Nebraska in January of 2018, according to a News-Dispatch report, allegedly traveling from Vermont to California. After being stopped for a traffic violation, law enforcement officers say they found $16,000 in cash that was believed to be “drug buy money,” the newspaper reported."

 

I think they should have gotten prison - for being stupid  enough to drive through Nebraska again on their way back to California.

 

I don't think the judge was fooled at all, he just went along with a plea bargain worked out with the state.

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5 minutes ago, wvu80 said:

In West Virginia the parents would be charged with Neglect or Abuse, probably abuse.  Kids are removed from the home and given a 3 month improvement plan supervised by CPS

That would happen in Texas, similar fashion.  However, for a final termination parents can elect to have a jury trial.

 

But in drug cases it doesn't work that way in real world.  Detectives would attempt to turn parents against one another, and/or would threaten to take kids away, etc., but promise not to if they cooperate. 

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