marijuana possession in CA

[dodger]

What is the name of your state? California

My son was ticketed for possession (less than 1 ounce). He went to the court on the appointed date. The clerk had no record of his charge. Insisting there must be a mistake, my son and the clerk went upstairs to the DA's office. No record.

Now approx 30 days after the date to appear, he has recieved a warrant for his arrest in the mail. $1220 bail. Violations: 1) the original possession charge and 2) failure to appear.

Do we have a leg to stand on? Is the bail refundable? (haven't paid it yet). To add a caveat to this mess, my son is a legalized medical marijuana user.

 

[seniorjudge]

What is the name of your state? California

My son was ticketed for possession (less than 1 ounce). He went to the court on the appointed date. The clerk had no record of his charge. Insisting there must be a mistake, my son and the clerk went upstairs to the DA's office. No record.

Now approx 30 days after the date to appear, he has recieved a warrant for his arrest in the mail. $1220 bail. Violations: 1) the original possession charge and 2) failure to appear.

Do we have a leg to stand on? Is the bail refundable? (haven't paid it yet). To add a caveat to this mess, my son is a legalized medical marijuana user.

You need a lawyer.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[xXMelkorXx]

Since your son is a legalized medical user, you should be able to contest it simply out of court, get a good lawyer.

 

[CdwJava]

Note that being a user of medical marijuana is an affirmative defense and not a "get out of trouble" free card. Since most these cards cannot bre verified and can be printed on any home computer, many law enforcement agencies and DA's offices don't buy them without a supprting affidavit from a doctor (with his address, name, license, etc.) OR his presence in court to argue the necessity.

A defense to the FTA would be the appearance on the date and time on the citation. Hopefully, the OP's son had his citation stamped or someone will remember him being present so that he can prove he was there.

- Carl

 

[garrula lingua]

Before you run out and spend 2,000 on a 'good lawyer'.

Health & Safety 11357(b) carries a maximum punishment of 100 (plus penalty and assessment - some courts aren't imposing penalty & a. [270% of the fine]). Also due is a 10. citation fee; some courts impose 100. payment to victim's restittion fund, 20 court security fee. Total due can be $130 to $500 (check with the court clerk's office and they will tell you what an 11357b fine totals, in that court.)

No jail time. No probation. Just money. But it is a misdemeanor.

That's from the court.

However, there can be repercussions from Dept of Motor Vehicles, (suspension of D/L for one year if defendant is under 21, potential susp of older user). DMV appears to be suspending the under-21s; I haven't seen the older users suspended.

Many Dep Dist Attorneys/City Attys offer a number of Narcotics Anonymous meetings within 3 months and they are dismissing the MJ charge upon proof of completion of the NAs.

Per state law, if def has no prior drug convictions, s/he is eligible for 'deferred entry of judgment' supervised by the Probation Dept. A def gets one shot at DEJ - it involves an out-patient drug program (I believe about 18 hrs), random urine tests, money to pay for Probation's supervision & program, and 18 months of good behavior. If def is sucessful, the charge is dismissed after 18 months.

A def would also be eligible for 'Prop 36", but that would be a more involved program.

As far as I know, most jurisdictions are not accepting 'medical mj' excuses, pre-trial, as that is a defense which can be presented at jury or court trial. The doctor would have to come to court and testify in support of the 'medical' use (I've seen many for anxiety, stress, ADDH, whatever).

Most prosecutors are not hard-headed about this charge. The max is 100 fine, and who wants to burn a jury panel on a mj charge (do you want to sit on that jury) ?

I would suggest that the defendant appear 'pro per' (represent himself) or seek the services of the Public Defender. The Prosecutor will probably be pragmatic and the defendant may be able to resolve this with meetings or a program.

(Personally, I don't buy the medical excuse. Let them use marinol (the pill form which can be dispensed). This is how, I believe, a Prosecutor should handle the 'medical use' excuse.
However, most users will, I'm sure, refuse marinol & say they want to smoke it).

Me, I need all the brain cells I have; they are depleting fast enough as it is.