Legal Question in Criminal Law in California

Possession for sale

Sept. 2005 I was pulled over in Fresno County for speeding and had 1/4 pound Marijuana in the car. I was charged for CA penal code HS11360(a)Transportation and HS11359 Poss for sale. The highway patrol confiscated the Marijuana, but gave me all my cash back. I live in Southern California and drove up to Fresno Court House for my date to appear, when I showed up for my hearing the court clerk informed me that nothing had been filed by the DA . I contacted the DA office directly and they informed me that they had nothing for my name. The court clerk from the Fresno County Superior Court house Date Stamped my ticket showing I appeared on date stated.

Now Three years later I was pulled over for a missing head light, and ultimately was charge for a DUI and the officer ran my name thru the system and had a $30,000.00 WARRANT out for my arrest.


Asked on 9/03/08, 10:47 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Possession for sale

Yes, that's how it happens sometimes. Just because you showed up on that first court date and nothing was filed, it does not mean the prosecution had any obligation to notify you once they made up their minds and filed later. They came up with another court date (maybe they sent you a letter, maybe not) and when you were not there an arrest warrant was issued, without your knowledge and probably without any effort to let you know. It sounds a bit crazy but that is really how it goes.

On the upside, you should have a good excuse that you did not know about the warrant - I hope you still have that stamped ticket showing you showed up as initially required. This will be critical to the issue of bail, etc.

At this point, you need a good attorney, preferably someone familiar with medical marijuana laws. Do not talk to the investigators or prosecutor without an attorney, about your medical status (or lack thereof), or anything at all.

Feel free to contact me for additional consultation. I handle marijuana cases throughout the state.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/03/08, 11:40 pm


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