Any BLM Citations in 2005? (Court Defense Strategy Info)

Ingram · Post by **Ingram** » Mon Sep 05, 2005 11:56 pm

Did anyone here receive a BLM Citation this year,
in particular, for a "petty offense" such as MJ possession?

If so, there was an instance of a couple of citations
being dismissed in US Court (Reno) last year.
The defendant's names are in hand, and we're going
to ask them soon how they did it -- Hopefully, this may
help others.

Also, if you can't handle the $250. fine upfront, the
Reno court offers an installment plan -- so don't let it
go to a federal warrant, like some did in 2004.

underdoug · Post by **underdoug** » Tue Sep 06, 2005 9:49 am

I was charged with a violation and need advice can anyone help??

robwessel · Post by **robwessel** » Tue Sep 06, 2005 7:27 pm

Yes, I was busted this year and I'm rather shaken up about it, and could use some insight and advice... this took place at about 5:15 PM on Saturday near the Gooferville camp at 9:30 and Esplanade. I was approached by a young woman who asked me if I had any "extra pot". I told her that all I had was a very small amount in my little one-hitter. She asked me if I had any more back at camp, then she pulled out a bag that contained what looked like blotter acid and said she'd like to trade some acid for pot. I said I had only a very small amount (less than a gram) back in my tent but that I was interested in a hit of acid. So I ended up trading the small amount of pot in my one-hitter for one hit of her blotter. Stupidly I allowed this exchange to take place right on the esplanade in plain public sight. I stashed the hit of acid in my backpack. About 30 seconds after this transaction ended and I was getting on my bike to leave I was grabbed by a BLM ranger and handcuffed. I was told I was being picked on suspicion of drug activity and asked if I had any identification. I said that my wallet was locked in my car and the keys were in my tent. They took my bike and my backpack, though they didn't open it up. I was driven to my tent in the walk-in camping area, where I was camping by myself, to get my keys so I could unlock my car and show them my ID.

When we got to my tent another officer showed up and they managed to convince me to let him search my tent. I realized later that I could have refused but I was scared and they threatened to take me to jail if I didn't cooperate. In my tent they found a small bag of mushrooms that I had there along with my small amount of pot.

They retrieved my ID from my car and I was taken to a BLM trailer where after checking to see if I had any prior arrest history (I did not) I was given a citation for "distribution of a controlled substance - "mushrooms" ".
I have never been a dealer/distributor of any drugs, just a casual user, but they said I had enough mushrooms in the bag to charge me with distribution. I'm pretty sure there were no more than about 5 grams in there.

Now I am supposed to appear in court in Reno and that I'll be notified of the date. They never did seem interested in the hit of acid and they didn't seem to have picked up the woman I got it from, so I wonder if she was an undercover cop.

I would greatly appreciate it if any one could offer any advice/insight about what is going to happen to me and/or how I should go about defending myself. I admit of course to the possession of these drugs but I have never been a "distributor" of any drug, so I am inclined to plead innocent to the distribution charge.

And I'd like to find out how many others this happened to this year and under what circumstances. I can be reached here and at [email protected]

Thanks, Rob Wessel

ubu · Post by **ubu** » Tue Sep 06, 2005 9:49 pm

Rob,

I'm really sorry this happened to you. Obviously you want and need some good legal advice so please find an attorney to speak with. They were skirting the edge by taking you to your tent and then asking you if they could search it; too bad you consented.

We had BLM running through our camp area continuously until I confronted them and then blocked their access. The said they were "looking for art cars that were on the playa without permits" but they were scoping for anything they could find. Jerry was the name of one of them, in a golf cart, kind of like spotters.

I would like to do something to educate other burners and to keep in the faces of the LEOs so they don't have as easy of a time cruising through camps.

hmmmm...

dj big E · Post by **dj big E** » Wed Sep 07, 2005 10:30 am

Go to you're local court clerk and find out about putting in for a change of venue this has worked in the past for 2 other burners that i know. After putting in for a change of venue the blm sent them a notice telling them they would no longer pursue the case. Try it it can't hurt if it works for you send me an email i would like to know. In the future do you're drug using and exchanges in a safe place ie tent rv etc and never consent to a search believe me if they have pc they will search allways decline there invitation allways. If they keep asking you or trying to persuade you ask them if you are being detained if htey say no then tell them you want to leave . If they don't comply ask for a supervisor but by all means never consent to a search even if you don't have anything . BIG E

robwessel · Post by **robwessel** » Wed Sep 07, 2005 10:43 am

Thanks for the suggestion Big E. I live in Portland, OR, so I'll contact the court system here and ask for a venue change. I'll let you all know how it goes.

And thanks ubu... I'll be looking for an attorney in either Portland, or maybe the Reno area (since I may have to appear there), so I'd appreciate any referrals anyone can offer me.

Rob

sonicchang · Post by **sonicchang** » Fri Sep 09, 2005 2:59 pm

the blm citations thread is good for this discussion. see GefilteFunk's post.

http://eplaya.burningman.org/viewtopic. ... c&start=30

underdoug · Post by **underdoug** » Thu Sep 15, 2005 10:09 am

I have spoken with two attorneys about my violation for possession that does not require an appearance in court and have found that just paying the fine is the best way to deal with these situations. I am told that no record of the offense is made.

if you have any question I can refer you two the two attorneys I spoke with.

Good luck to any offenders!

So much for our civil rights.

underdoug

ubu · Post by **ubu** » Thu Sep 15, 2005 10:26 am

that's right, underdoug,

in colloquial legal parlance, that is known as the "money point", the point at which it is just cheaper to pay a fine than contest. there are articles up on findlaw debating the finer points of it. Since attorneys cost nearly that for 1 hour, you can see why it is not worth it. My lawyer's friends and family rate is 150 an hour, which is a solid consulting rate in any other buisness.

Ingram · Post by **Ingram** » Thu Sep 15, 2005 9:34 pm

RE: "I am told that no record of the offense is made."

You are being lied to.

Your personal information, including address, social or
driver's license number, is kept in the "Central Violations
Bureau" which is a federal database in San Antonio.

Best to fight it, then later have the record expunged from
that database -- who knows what hassles it could cause
you, years from now.

ubu · Post by **ubu** » Fri Sep 16, 2005 10:02 am

Sure, there is a record Ingram,

but it is a citation record, the same as fishing without a license, or speeding, or
leaving trash behind at a campsite. no big deal.

and paying the fine is no admission of guilt, either.
it is a "no contest." at least that is my understanding.
corrections anyone?

so, you weigh the costs.

Furthermore, I do think that the central violations records have a half-life, and that database is notoriously cumbersome and innacurate.

It depends on what kind of questions someone asks about your background, or what you need your background to be. It is a citation level violation.

Any BLM Citations in 2005? (Court Defense Strategy Info)

Any BLM Citations in 2005? (Court Defense Strategy Info)

citation

citation

Try this

blm citations for violations not requiring appearance in cou

"No Record Kept" claim is not true!