Legal Question in Criminal Law in California

Possession of a medical marijuana card does not provide immunity from arrest, but it does allow the person arrested to raise the medical marijuana laws as a defense to criminal charges. He should also be made aware that while medical marijuana is legal at the state level, it is still illegal at the federal level.

He needs to hire an attorney to defend the charges. If he cannot afford an attorney, he needs to ask the court to appoint the public defender.

I agree with Anthony.

BARRY BESSER

I agree with Mr. Roach. Additionally, it's not clear to me that the police had the right to search your brother's car unless he consented to the search. He may be able to have the evidence against him excluded on that basis. He should get a lawyer ASAP and ask her whether she thinks the evidence can be kept out of court.

"We"? Nothing. "He"? -->

When arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses, based upon the 'card' and other issues, with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.