Legal Question in Criminal Law in California

My brother uses medicinal marijuana. He was coming home from a medical clinic a few days ago in California when he was stopped by an officer for his car not showing a front license plate. He smelled Marijuana and my brother showed him his medical card/ license. Everything was in his trunk, out of reach and he was not "high". The officer searched his car and found his personal scale which is what very marijuana patient has. He assumed he was selling (which my brother DOES NOT DO) since he bought a smidgen over an ounce, impounded his car, took his phone away for "evidence" and arrested him. He was released the next day but they are charging him with possession with intent to sell.

Was this horrible cop, a so-called "top" arresting officer who I think is out to make a name for himself, in the right to search, take his phone away and arrest him? How will this most likely turn out? My brother is not a drug dealer and has never committed a crime in his life. Please help.


Asked on 10/28/10, 1:14 am

3 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

With a medical marijuana recommendation and the small amount of marijuana, it's possible that a reasonable prosecutor will not file the charges. If the carges have been filed, then your brother needs a good criminal lawyer. He will find out if the charges have been filed when he goes to court on his first court date. Most criminal attorneys give free consultations. If your brother would like to talk to me about this matter, please have him call me. Steve Mandell 310 393 0639

Read more
Answered on 11/02/10, 1:30 am
Anthony Roach Law Office of Anthony A. Roach

The fact that a person has a medical marijuana card is not a privilege from arrest. The good news, however, is that the California Supreme Court recently held that the possession limits of the MMP were unconstitutional amendments of the Compassionate Use Act.

The MMP does not give a party the right to have a scale. The arrest sounds legitimate at this point. Your brother is going to need to hire a lawyer to defend him against the charges. If he cannot afford an attorney, he has the right to have a public defender appointed to represent him.

Read more
Answered on 11/02/10, 8:50 am
Terry A. Nelson Nelson & Lawless

He can complain all he likes about the arrest and the officer, but what he has to do is 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 motions as may be applicable about the search and scale. Raise all the available defenses 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 decent plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have.

Read more
Answered on 11/02/10, 10:46 am


Related Questions & Answers

More Criminal Law questions and answers in California