Legal Question in Criminal Law in California

posession of marijuana less than an ounce

Will my employer find out about my misdemeanor posession violation? I drive a company vehicle for my job. And what can I expect when my court date arrives?


Asked on 9/24/07, 3:13 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: posession of marijuana less than an ounce

I don't know whether your employer will find out (or whether they will look, or whether they will care). Depends on the employer.

At your first court date, this is called your arraignment, you either plead Guilty, Your Honor, or Not Guilty, Your Honor. My choice would be Not Guilty, Your Honor. There should be no need to say anything else to the judge or prosecutor. I recommend (if it is true that possession of less than an ounce is all that you are charged with, you will find out at the arraignment) that you fight the charge. You have absolutely nothing to lose by fighting it, since the max fine is $100 plus additional fees which bring it to $250 or so. If it is your first offense, you could be offered "diversion" which consists of your paying a fee and going to some classes, then the charge is totally wiped off your record in six months or so. Even a conviction is automatically wiped out in two years in the case of simple marijuana possession.

If you were to hire a lawyer, which you will need to do if you find out you are facing other/greater charges, the lawyer can in most cases appear for you, which could free you from having to take time from work to go to court.

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Answered on 9/24/07, 3:37 am
Terry A. Nelson Nelson & Lawless

Re: posession of marijuana less than an ounce

If convicted and the employer does a recurrent record check, they can find it. Therefor, get an attorney and deal with it intelligently. It may be possible to get diversion and avoid a conviction. Feel free to contact me for legal help if serious.

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Answered on 9/24/07, 1:39 pm


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