Legal Question in Criminal Law in California

Possession of less than 1 oz of marijuana

In California is it necessary or adviseable to hire an attorney for possession of less than 1 oz of marijuana to participate in a program that allows the charges to be dropped or will the judge automatically offer it?


Asked on 8/18/06, 10:57 am

1 Answer from Attorneys

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

Re: Possession of less than 1 oz of marijuana

If you are over 18 it is a straight $100 fine with about a $140 extra "penalty assessment," no programs, probation, drivers' restrictions, nothing, except if they decide to pile on some other charge, and except if you have a note from a doctor. If simple adult possession is all it is, nothing bad can possibly happen to you and you are fine without a lawyer (and you have only $240 to lose by requesting a trial, maybe the cop won't show up). If you are a juvenile, or you get to the courthouse and you find they have added other charges, write back. If this is a first offense you could theoretically be offered a "diversion" program that would result in the charge being kept off your record, but why bother. The record goes away after two years anyway and a marijuana possession conviction probably won't affect you in any way.

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Answered on 8/18/06, 12:53 pm


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