Legal Question in Criminal Law in California

Re: Marijuana Misdemeanor Charge

If you just plead guilty, the only thing that's going to happen is that you will be convicted. If you want to fight it, or try to get in a diversion program, do so. If you don't know how to do that, get an attorney who does. Feel free to contact me for help if you decide to do this right.

Re: Marijuana Misdemeanor Charge

Why on earth would you plead guilty?

How can you be sure there won't be consequences down the road? (I can think of a few.) You have nothing to lose by fighting the charge, there's a chance you could beat the charge, and if not, you would get about the same fine anyway (without the re-education). Please feel free to contact me directly. And no, I'm not trying to hustle your business -- it's unlikely it would be cost-effective for me to represent you, or for you to retain me. Maybe I can give you a few pointers.

Re: Marijuana Misdemeanor Charge

There are several options for first time misdemeanor marijuana possession offenses. In my book, pleading guilty ought to be the last resort option becuase there are consequences unrelated to sentence when you have a misdemeanor conviction.

Depending on the county you are in, your options are diversion programs, both pre-plea and post-plea, Prop 36 option, negotiating a deferred prosecution, or challenging the case altogether.

A pre-plea diversion program allows to avoid admitting guilt to any offense, you to take a class, test regularly and after about six months you can have the case dismissed and legally say you have never been arrested for that offense. Post-plea diversion has the same effect, except you plead guilty and if you fail the program you have already plead and you are sentenced. Prop 36 requires that you plead guilty, are sentenced and then you take classes and submit to drug tests. At the end of the probation period, usually three years, if you have successfully completed the program you can have the conviction removed from your record. With Prop 36 you have three opportunities to screw up before you can be sentenced to any jail.

You have options to consider before you decide to plead guilty.

I hope this answered your question. Good luck,

Elena Condes