Marion County, Oregon
I was already situated in a prison on the other side of Oregon when my charges were finally being addressed in Marion County. Plea bargains were being offered as well in Marion County. One of the last was the DA wanting me to serve one year in jail but the Judge wanted two years, plus probation, etc.
When it came time to address the Marion County charges I was out of funds and needed to ask the Court for a court appointed attorney, also known as a public defender and better yet ... public pretender. Three separate public defenders later, still no plea bargain accepted, the charges were dropped. I strongly feel had I not gone back to the presiding judge two times with valid complaints against the first two public defenders that were appointed the outcome could have been much different.
The first public defender stated that if I took the plea bargain the time served would be over before my time served from the Clackamas County trial. Real encouraging huh?
The second public defender was upset with me yelling, "out of 75 cases you are the only one making me work!" one of the few times we communicated. When she submitted court documents that contained very inaccurate "facts" a third public defender was sought.
The third attorney was not a public defender by profession, he normally charged $250.00 an hour, but the Judge had asked him personally to take the case on. His interest was not in my taking a plea but instead he looked at the merits of my case and ultimately, I believe, convinced the Judge to dismiss the charges.
As noted in Chapter 475 -- 1999 Edition, Oregon Medical Marijuana Act: 475.323 Effect of possession of registry identification card or designated primary caregiver card on search and seizure rights.... Now this is a very interesting read. It leaves the everyday person with the belief that if charges are dismissed/dropped everything taken is to be returned immediately.
Detective Schweitzer ordered OCR #47, 50, 51, 52, and 53 destroyed four days after learning charges were dropped in Marion County. These items happened to be the expensive growing equipment taken during the raid, everything else she left alone. She did so without an order to destroy or forfeiture order in Clackamas County. The reason this was OK according to James Olman, Clackamas County Counsel and Duayne Kroening was because the detective used Federal Law for her illegal actions. State law to arrest, charge, prosecute and Federal law to destroy when State law demands its return.