Legal Question in Criminal Law in California

19 years old pulled over for speeding license is suspended and this is the second time my license was suspended in 3 years for speeding tickets and failure to pay. they found marijuana in the car but i have a medical card for it but Im not really sick just got card so I could smoke weed. they also found a prescription in the car that belongs to a friend but she wasnt in the car. will I go to jail or will I get drug diversion


Asked on 5/20/11, 6:05 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Moral of story: Don't not pay tickets and also smoke marijuana in your car. I am also unable to approve of your telling a fib to get a medical marijuana card. Marijuana in your car, at least less than an ounce, is an infraction. You need to hire a lawyer so that you are not convicted of these misdemeanor charges including possessing someone else's prescription. Unless you are independently wealthy you will need a job for the next 50 years of your life, and 50 years is a long time to be unemployed because you got convicted of a crime when you were 19. This "economic death penalty" is far worse than probation or jail. Don't get convicted.

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Answered on 5/20/11, 6:56 pm
Terry A. Nelson Nelson & Lawless

Of course you face potential jail. You just publicly confessed to at least one crime, and acknowledged a history of 'contempt' for court orders. The DA and judge are not going to be happy with you.

However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it.

�What can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. If serious about hiring counsel to help you in this, feel free to contact me.

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Answered on 5/23/11, 8:47 am


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