Legal Question in Criminal Law in California

probation dui + possesion of marijuana

i am 23 i am on standard 3 year misdemeanor court probation out of alameda county i have had a few minor revocations and reinstatements but for the last year i have not been in any trouble. but recently i have had to new citations one 11357(b)HS for possetion of less than one ounce it was actualy my freinds he will be at my court date to testify that as well as i have a cannabis card under 215 but it is expired for club fees i understand that my doctors recomendation stands secondly i have been busted for dui 23152 (a) vc in san matao county i was cited at a gas station while pumping gas i did not even know where my keys wher at the time so please give me guess at how much time im looking at i am a single parent and need to know how long i will be in jail thank you sincearly


Asked on 5/06/05, 12:09 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: probation dui + possesion of marijuana

I don't know the answers to some parts of your question, but I want to make one point. The fact that the drugs you had belonged to somebody else does not make you innocent. Possession is not the same thing as ownership, and people possess other people's property all the time.

If your friend comes to court and says he owned the drugs it will probably not help you, but it will clear the way for him to be prosecuted along with you. Several people can simultaneously possess the same item, so the D.A. would be able to go after both of you.

You and your friend should sit down with *different* lawyers and discuss your options. If his testimony won't help you, I see no reason to take the risk. Even if it *will* help you, the risk to your friend may far outweight the likely benefit to you.

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Answered on 5/10/05, 8:42 pm


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