Legal Question in Criminal Law in California
I was charged with contributing to the delinquency of a minor. the minor, who i thought was 18, who was a week away from being 18, was driving, (we might have also been pulled over unlawfully. it happened in a mall parking lot, the driver pulled into a lane against a white arrow, and the cop shined us down, but didn't actually shine his sirens or anything.) the minor who was driving had some weed in the front seat with him, and when the cop turned around he handed it to me because i have my medical marijuana card, so i'd take the blame with no penalty. i didnt have time to think out the consequences so i just took it. what we didn't know was the cop already knew the jar was up with him and he proceeded to search us all immediately, along with the car. he found my stuff, along with my weed and told me my MMJ card wasn't valid in the county i was in without a doc recommendation on me. the cop told me that i couldn't share my medical marijauna with anyone and thats why i was getting contributing to the delinquency, he didn't arrest me but told me he could have. he found some more paraphernalia, and one of the people in the car was on probation, the car didn't smell of smoke, and we weren't high at the time, if that gives anyone more useful information.
Thanks for reading, any input is appreciated
1 Answer from Attorneys
You definitely should contact a defense attorney because there are a lot of issues here.
First off, as a result of the strong opposition by some people there is a series of confusing regulations and ordinances affecting medical marijuana in California. The controlling law changes from county to county and city to city.
Prosecutors may not file against you on these facts. The fact that an officer cited you does not mean that the district attorney or city attorney will file charges against you. Contact the court and try to find out if there has been a case filed against you.
The vehicle stop may have been illegal however I would need additional information to address that question.
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