Legal Question in Criminal Law in California

Re: Marijuana posession (more than 1 ounce)

Assuming this is a state charge, and not a federal charge, it is a misdemeanor and I would be amazed if you got any jail time or any significant fine. I would be amazed even if it is a federal charge. Trouble is, I am continually being amazed. Be sure and consult a lawyer before pleading to any criminal charge. Protect your clean record any way you can.

Re: Marijuana posession (more than 1 ounce)

Your questions really call for more information. (let me say from the beginning when someone asks me a question that begins with "Is there a possibility that" the answer is generally yes, there is a possibility but the probability is such and such....) If the total bail was $1,000.00 then I do not believe you were booked for a felony, however if what you paid was a $1,000.00 dollars that means your actual bail amount was $10K. The amount of money paid regarding bail represents 10% of the total bail. The bail guy can get the information for you regarding the classification of the charge. I am surprised he did not talk with you about it or even mentioned it when you spoke with him.

I believe your jumping the gun by already trying to decide what to plead. It would behoove you to contact an attorney and have them do some ground work for you. You need to know if you have been charged with a felony (You may be able to look it up on the court's web site), you also need to read the police report and find out what the evidence is against you and what the officer and/or officers statements contain. You also want to read them for accuracy and content to make sure they are not lying. However, all this should be done by an attorney. You do not have the skills to represent yourself in a criminal matter. If you can not afford an attorney a public defender will be appointed for you. There is an old saying that goes like this "he who represents himself has a fool for a client."

From the information you have provided the probability the charge is a felony is low. However, stop playing games with this and get down to the business you need to do. You need an attorney. So either start making phone calls or asking friends if they know someone or find out if you will qualify for a public defender. You have the good sense to use this web site so just continue using the web to investigate further. If you do not qualify for a public defender then find a private attorney. If your arraignment date is fast approaching get to it and when at court ask for a continuance in order to retain counsel. The judge will inquiry into your financial status to find out if your qualified to have a public defender. If you qualify they will appoint one.

Re: Marijuana posession (more than 1 ounce)

Your maximum penalty would be 6 months in jail plus fines. This must be a misdemeanor under Health and Safety Code Section 11357(c). It can be a felony only if they are charging you with possession with intent to sell.

You should be eligible for some kind of a drug diversion program, like PC 1000 or Proposition 36, where your case would get completely dismissed in exchange for your completion of a drug treatment program. No jail involved. Unless you have a heavy prior record, such program should be your worst case scenario.

For god's sake, get yourself a physician's recommendation if you travel through California with weed in your car.

My firm specializes in medical marijuana cases. Feel free to contact me if you want to discuss your options further.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com