Legal Question in Criminal Law in California

I received a ticket in mojave for 16Grams marijuana and 2.5Grams of Hashish. The cop said it was a mistamener. what is going to happen to me when i go to court?


Asked on 11/29/09, 8:02 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

When you go to court, the judge will advise you of the charges against you. If you cannot afford to hire an attorney, you should ask the judge to appoint the public defender.

Possession of less than an ounce of marijuana, Health & Safety Code 11377(b), is a misdemeanor punishable by a fine of a hundred dollars with no jail time.

I am more concerned about the hash. Possession of concentrated cannabis (which includes hashish) is a "wobbler," which means it can be charged as a misdemeanor, with a maximum of a year in county jail, or a felony that carries up to three years in state prison. Even if the cop cited you for a misdemeanor, the District Attorney will review the reports and could still decide to charge you with a felony.

You may be eligible for diversion programs that will keep this off your record. Your attorney -- whether it is someone you hire yourself or an appointed public defender -- will be able to discuss this with you in detail.

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Answered on 12/04/09, 8:12 pm
David M. Wallin Law Offices OF David M. Wallin

I agree with the other attorney regarding the concern over the hashish issue. You may want to speak to us for a FREE CONSULTATION as we appear in Mohave court regurlarly. David Wallin

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Answered on 12/05/09, 1:07 am


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