Legal Question in Criminal Law in California

possesion of marijuana

i got pulled over for a tint ticket while driving and the officer smelled the scent of marijuana coming out of the car. when the officer asked me if i had any on me. at first i answered him no but when he asked me again i admitted to him that i did have some me in my car. in the end the officer gave me a misdemeanor for driving with under an ounce on me.

i am wondering if there is any way i can fight the charge or get the charges dropped to an infraction .

thank you


Asked on 1/29/09, 2:56 pm

4 Answers from Attorneys

Michael Guisti Law Offices of Michael L. Guisti, A Professional Law Corporation

Re: possesion of marijuana

A top California Criminal Defense law firm, Law Offices of Michael L. Guisti has defended and fought for the rights of hundreds of marijuana defendants.

Over the years, our law firm has successfully represented hundreds of clients against marijuana charges, other drug charges and all felony and misdemeanor offenses. Our drug crimes attorney has the experience and skill to help people accused of Possession of Marijuana and we will do what it takes to protect your rights.

You can be assured that your case is handled by our attorneys who understand California Drug law and who are very familiarize with court and process and will offer you the advice, resources and representation you need to fight your case.

Call Law Offices of Michael L. Guisti at 714.530.9490 as soon as possible to discuss how one of our Drug Defense Lawyers can help you.

Michael L. Guisti

Attorney at law

http://www.TopCaliforniaLawyer.com/

Law Offices of Michael L. Guisti

A Professional Law Corporation

Tel: 714. 530. 9690

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Answered on 1/30/09, 6:31 pm
Scott Linden Scott H. Linden, Esq.

Re: possesion of marijuana

If you werre in CA, and you had under an ounce, then it should come up in Court as an infraction, despite what the officer charged you with...remember, it is up to the City Attorney and/or the District Attorney to file the charges they deem appropriate.

Are you a medical patient? If you are a card carrying patient, then this should be even easier for you.

If you require assistance please feel free to contact me at our office at the email provided by LawGuru or through our firm's site at 420Lawyer.com.

Scott

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Answered on 1/29/09, 3:17 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: possesion of marijuana

While this is a minor offense, you do not want any marijuana convictions on your record - period. A good lawyer should be able to obtain either a complete dismissal or infraction. Sometimes you can get what is called a diversion - going to some NA meetings in exchange for dismissal, for example.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 1/29/09, 3:46 pm
Brian McGinity McGinity Law Office

Re: possesion of marijuana

I would suggest contacting an attorney immediately. A good criminal defense attorney should be able to assist you. When someone is charged with a crime or receives a citation although the officer writes the citation as a certain type of offense such as a felony or misdemeanor, it is the district attorney that actually decides how the offense will be charged. In other words just because the officer wrote it up as a misdemeanor does not mean the DA will charge it as a one. The best thing for you to do right now is find a criminal attorney you can afford and get them working on this right away. They will be able to determine your best course of action and they may be able to get you some alternative sentencing that will really help your situation. If you do not know any criminal attorneys in your area, call the local county bar association and ask for a referral to a criminal attorney on their list. Good Luck

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Answered on 1/29/09, 7:48 pm


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