Legal Question in Criminal Law in California

CAN they? Of course.

Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.

Whether or not you have a medical marijuana card is not going to determine the outcome of your case, if your terms of probation prohibited it.

You can only violate your probation by violating the terms of the probation. Look at your sentencing documentation to see if you have a condition of your probation that prohibits use of drugs without a prescription or recommendation.

Good luck,

Elena Condes