Legal Question in Criminal Law in California
cultivation
I have been charged with one plant cultivation, no prior felonies, never been arrested, my court date is april 3 2009 what will happen?
2 Answers from Attorneys
Re: cultivation
Are you a medical patient with a valid recommendation? How was the plant found?
Sounds like a fine and an infraction penalty, but the size of the plant could also be determinative.
This sounds like one where the District Attorney (or City Attorney) will want to plead you out and get on to their other heavier case loads.
April 3, should just be an arraignment where the prosector decides if he plans to press charges or not. You may want to have an attorney present to try to persuade the prosecutor to just drop the case in the interests of time, justice and saving the taxpayers money by avoiding a full trial.
Good Luck, and if you feel you need assistance, please feel free to email me directly at the address provided by LawGuru.
Re: cultivation
You should get legal representation and plead not guilty at your first court hearing. Do not attempt to defend yourself. Your first hearing is called an arraignment where typically your lawyer gets the discovery (police reports, etc.). It is possible that the judge will also try to set bail.
Unfortunately, cultivating even the tiniest, smallest marijuana plant is a felony unless the cultivation is done by or for a medical marijuana patient(s). Contact a lawyer who is familiar with medical marijuana laws. I will gladly provide you with additional information on this issue if you call my office.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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