Legal Question in Criminal Law in California

Re: 22 Marijuana plants, no search warrant, prescription in hand.

You should get a lawyer. If you can't afford one, get a public defender; they're good lawyers, but overworked. If your mother really didn't give the police permission to search, you may be able to get the evidence thrown out.

I have to question your judgment re: saving your money for a real estate lawyer while you are facing criminal charges. Avoiding a criminal conviction seems to me like a much higher priority.

You ask about trying to get your "things" back, but your question doesn't say what they are. If your things are the marijuana plants then don't bother fighting for them. The police will never give them back to you under any circumstances. After all, possession of marijuana is a crime -- a point you really should understand by now, given that it is the reason you were arrested in the first place.

Based on the limited facts you have provided, I don't see much point filing a claim with your insurance company, since insurance does not cover contraband like marijuana plants and will not fund a defense against criminal charges.

And while I sympathize with your frustrations re: moving to L.A., caring for your mother and and having no money, these issues are irrelevant to the criminal charges. People who are broke and have ill relatives must obey the same laws as everyone else.

Re: 22 Marijuana plants, no search warrant, prescription in hand.

Thank you very much for your email posting to my office and your inquiry.

I share Mr. Hoffman's concern that you may not be taking this case seriously. If you have a public defender currently or other attorney, you should discuss the lack of a search warrant. Although there are exceptions to the search warrant rule, the lack of a warrant may entitle you to exclude evidence, which in turn may reduce or dismiss the case. A lawyer may be able to go a long way towards helping you in this case, and you should at least have them review a police report, if were provided one through your current counsel, or discuss in detail your options here, and the cost, before you make a final decision on this.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.