law student charged with MJ possession

[john_roberts]

This occurred in El Dorado County, California.

I am a 3rd year law student who is hoping to become a public defender. I have been wrongfully accused and I am now worried about my career prospects.

I was recently cited and released for marijuana possession. The citation says 11357(A), which is possession of concentrated cannabis, but I believe the officer made an error and the correct charge should be 11357(B). The charging decision has not yet been made by the prosecutor. From what I understand, the sheriff recovered less than an ounce of marijuana, a pipe, a marijuana grinder, and a rolled marijuana cigar.

The case against me is based entirely on circumstantial evidence. My car broke down on the freeway and I had to walk 3 miles to get cell phone reception. I returned to my vehicle about 1 hour later and a patrol car was waiting. He asked if I had anything illegal, I said no, and he told me the trunk reeked of marijuana. I told him I had no idea what he was talking about, and he proceeded to search my car saying he had probable cause. Everything was found in the trunk of the vehicle. I denied everything and pointed out that several other people had driven my car in the previous weeks and that I had been away from my vehicle for an hour.

My primary question is this: Assuming charges are filed, how will this effect my career options? I believe that I can still pass the moral character component of the bar, but I am worried that I will be unable to become a public defender.

I am not terribly worried about the penalty since I have no criminal record whatsoever and should qualify for P.C. 1000. But since I will be looking for a job while the P.C. 1000 is pending, potential employers will be able the see the case while it is pending. This is what worries me.What is the name of your state?

 

[FlyingRon]

Here's a dime. Go call your mother and tell her there are serious doubts about your becoming a lawyer.

So far you've said nothing that provides a defense from the possession charge. The charges against you can be amended at any time before the trial, so I wouldn't hold hope that you're going to lose on that technicality.

You should also know from your legal training:

1. Keep your mouth shut.
2. Never consent to a search.
3. You need a lawyer.

 

[garrula lingua]

The smell constituted probable cause (yes, essentially 'in plain smell').

You really don't want to do DEJ for this - the costs are very high and the charges can't be dismissed until 18 months have passed.

Many Prosecutors will do their own form of DEJ - that is usually the best dispostion.

If the Prosecutor won't dismiss the charge, try to get the charge changed to an infraction 415 (disorderly conduct) or trespass.

You're right.
Both PD & Prosecutor's offices are hiring from the top percent of the classes and they don't want anyone with a criminal background.
Right now, there are many, many candidates for each job.

You are mistaken in your statements:
The cop DID have probable cause to search.
You were not 'wrongly' accused.
The charge is not 'based entirely on circumstantial evidence'.

...maybe you shouldn't go into criminal law ...

 

[You Are Guilty]

Must be one of dem dere unaccredited CA law schools we's been hearin' about...

 

[garrula lingua]

There are some excellent attys & a few Judges who graduated from unacredited schools. ...
Could be U.C. Berkeley -- top-notch school, but they haven't graded students exams in years.
There has always been an outcry that they looked better for interviews than any other UC school, as they weren't class-ranked.

Maybe he's doing too much pot.

 

[laurathelawyer]

There are some excellent attys & a few Judges who graduated from unacredited schools. ...
Could be U.C. Berkeley -- top-notch school, but they haven't graded students exams in years.
There has always been an outcry that they looked better for interviews than any other UC school, as they weren't class-ranked.

Do any top law school rank their students? What does that show anyway? Boalt grads seem to have a pretty easy time passing the bar.

Back to the question, why are you posting in this forum for career advice? For what it's worth, if I were doing the hiring at a public defender's office, I wouldn't hire you. I wouldn't care about the marijuana possession, but your poor legal analysis and the fact that you made statements to the police. You sound more like a typical client than a public defender.

 

[gawm]

For what it's worth, if I were doing the hiring at a public defender's office, I wouldn't hire you. I wouldn't care about the marijuana possession, but your poor legal analysis and the fact that you made statements to the police. You sound more like a typical client than a public defender.

OUCH!
Damn girl! You are one fiery habanero!