Legal Question in Criminal Law in California
I was stopped and cited with a misdemenor for posession of marijuana less than an ounce in CA. I went and got my medical marijuana card not even a week after. Is there any way they would drop the charges if I prove to them that I had it for medical purposes and now can have it legally here in CA? Also, am I required to go to court for a misdemenor? Can't I just pay the fine? (the court is 200 miles away from my home and I can't drive!) Please, any advice that would help me from having to figure out how to get there and back would be great, the court is in the middle of nowhere with no buses or airports anywhere nearby. The court is in Yreka, CA.
1 Answer from Attorneys
Yes, you need to go to court. If you don't, the judge will issue an arrest warrant and you could be charged with a new crime for failing to appear in court. If you hire an attorney to represent you, he or she will be able to make the appearances on your behalf.
In some areas, the DA will agree to drop charges for small amounts of marijuana if you obtain a physician's recommendation.
The maximum punishment for Health & Safety Code 11357(b), possession of less than an ounce of marijuana, is a $100 fine (plus other fees that raise the total to about $300). If you are under 21, your drivers license will also be suspended for a year.
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