Legal Question in Criminal Law in California

Re: formal probation

You might get tested depending upon the rules and habits of the specific probation office to which you are going to be assigned. In OC, you can safely assume that they will test you initially, at least during the first six months to a year.

Stay clean. At the very least, get a medical card or doctor's recommendation for medical marijuana if you are going to smoke weed. I want to make sure you do not misunderstand me here - I DO NOT recommend you use pot because even if you have a recommendation/ID, if you test dirty, a probation violation petition will be filed against you and you might spend as much as two weeks in jail waiting for your PV case to be decided. You would ultimately prevail - the law is clear that legitimate medical marijuana patients are protected from probation violations based solely on their consumption of medical marijuana - but it is going to cost you financially, emotionally and most likely in jail time.

If I were you, I would file a motion for early termination of formal probation after a year. Even if denied at that point, you would build groundwork for a better result after re-filing your motion after 18 months. Good cause for probation termination is inability to find employment.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com