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Court process on mmj misdemeanor?

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Ian_Y

Member
What is the name of your state (only U.S. law)? California

Hey guys, in advance I'd like to thank you all for the help. I was cited for a possession of over one ounce of marijuana violation, although I have a legitimate doctor's recommendation and medical marijuana card. My court date is scheduled for December 18th, 2008 but I have a question....

When I am in court, and they ask how I plead (Which I will plead not guilty) what will the next step be? Will I then go before a judge and plea my case/present my documentation, or will I have to come back at a later date? Can I possibly have my charge dropped on this same day? Thank you!
 


CdwJava

Senior Member
You take a plea at the arraignment. If you cannot afford counsel, the court will consider the appointment of counsel. The next date set may be the preliminary exam unless there are suppression or motion hearings to be made in the meantime.

- Carl
 

Ian_Y

Member
Thank you. Is there any way the case can be dismissed at the arraignment or is that impossible?

Why would their be supression/motion hearings? Also, do you know generally how long the trial date is after the arraignment? Thanks again.
 

CdwJava

Senior Member
Thank you. Is there any way the case can be dismissed at the arraignment or is that impossible?
If the DA decides not to prosecute, they can drop the matter. But, why would a court dismiss it? Courts do not just decide to dismiss cases without cause, and rarely on their own volition.

Why would their be supression/motion hearings?
I don't know. I don't know your circumstances. If there were issues regarding a search that found the dope, or the original detention, or any number of things, these can be the subject of different motions and hearings. Most cases do not involves these additional hearings, but every case is different.

Also, do you know generally how long the trial date is after the arraignment? Thanks again.
That may vary by court. Out here it is usually about 4 weeks later ... less if the defendant is still in custody. But, it can vary for a number of reasons.


- Carl
 

Ian_Y

Member
I read that according to the Mower decision you can request to drop the case if there has been no violation of the mmj laws.

Is it likely they would still prosecute if I present official documentation?
 

CdwJava

Senior Member
I read that according to the Mower decision you can request to drop the case if there has been no violation of the mmj laws.

Is it likely they would still prosecute if I present official documentation?
This is an arraignment, not an evidenciary hearing. If you hire an attorney ahead of time, you can ask him to intercede with the DA and he can present your "recommendation" to the DA and argue that you did not violate the guidelines as set down by the state and your county (assuming you have NOT violated them). Otherwise, you will likely have to wait until after the arraignment and ask that counsel be assigned.

Whether the state will prosecute or not depends on what they think you did.

What code section have you been charged with?

- Carl
 

CdwJava

Senior Member
If you do no wish to hire an attorney, and do not have the assets or funds to pay for one yourself, the court should provide one for you. You can then provide this attorney with your recommendation and other information, and perhaps this attorney can convince the DA not to proceed. The devil will be in the details.

If you possessed a recommendation prior to the arrest, then odds are very good that the DA will drop the matter when provided with a recommendation that can be verified ... unfortunately for you, most doctors do not verify these recommendations, so you might have an uphill battle if the DA chooses to dig in his or her heels.

- Carl
 

Ian_Y

Member
I see. I have talked to a few people in my area and they said it was dropped no problem. I don't think they even made them contact the doctors or anything they went by the documentation. Is this not likely?
 

CdwJava

Senior Member
I see. I have talked to a few people in my area and they said it was dropped no problem. I don't think they even made them contact the doctors or anything they went by the documentation. Is this not likely?
I believe you had said in your previous thread you were from San Diego County. It has been more than 7 years since I was there, so I cannot say what they will or will not do anymore. They might take the recommendation on face value ... they might not. In the future, keep your marijuana at home and this won't happen.

- Carl
 

Ian_Y

Member
I do understand what you are saying and will definitely acknowledge that (As I am finally moving out soon) but I still don't think I should have had any trouble as I didn't break any of the medical marijuana specific laws, correct?

When you say they want verification with a doctor, are we talking phone call verification or actual presence in court? Do they actually expect doctors to take time out of the office and drive an hour to defend a patient? It seems sort of unethical, I think the recommendation was issued so the doctor wouldn't have to appear for that very reason. Can they verify that he is a doctor in good standing with the State of California through some sort of phsyician directory?
 

CdwJava

Senior Member
I do understand what you are saying and will definitely acknowledge that (As I am finally moving out soon) but I still don't think I should have had any trouble as I didn't break any of the medical marijuana specific laws, correct?
A doctor's recommendation does NOT protect you from arrest. It allows you a defense if prosecuted. Chances are they will drop the charges, but if they suspect your recommendation is false, then you might have to subpoena the doctor to testify on your behalf. I doubt it would go that far, but it is a possibility.

When you say they want verification with a doctor, are we talking phone call verification or actual presence in court?
My DA has asked for written verification (they do not know who is at the other end of the phone) and has thus far received 0% (read: None) compliance. For some reason, the doctors that give out these recommendations like candy are very shy about going on record with making such a recommendation.

Do they actually expect doctors to take time out of the office and drive an hour to defend a patient?
If subpoeanaed, the doctor would have to. More likely, they would ask for some form of official documentation verifying the recommendation.

Can they verify that he is a doctor in good standing with the State of California through some sort of phsyician directory?
Sure ... but that does no show the doctor issued the recommendation. It would only show that someone printed a recommendation on a computer using the doctor's name and, perhaps, AMA number (or whatever license number they use). All because Dr. Java is listed as a valid, practicing physician does not mean that he ever saw a patient named Ian or wrote a marijuana recommendation.

Again, I doubt they will got hat far. If you have friends who had the experience that the DA takes the recommendation at face value, I'd go with that. I am just saying that the DA does not HAVE to let it go so easily if they chose not to.

- Carl
 

Ian_Y

Member
Thanks Carl. Your advice is worth millions to me. Anyway, there are official stamp seals on the documentation, does that offer anything more to its validity?

And how would I go about subpoena-ing (sp?) the doctor if they wanted to see him in court? Would the court/attorney do that?
 

CdwJava

Senior Member
Thanks Carl. Your advice is worth millions to me. Anyway, there are official stamp seals on the documentation, does that offer anything more to its validity?
I can buy gold embossed seals and official looking stamps at Wal-Mart or any office supply store ... they mean nothing by themselves.

And how would I go about subpoena-ing (sp?) the doctor if they wanted to see him in court? Would the court/attorney do that?
If it came down to that, your attorney could handle the subpoena.

- Carl
 

TheMuckster

Junior Member
My experience has been just that. It was under one ounce but when i told the bailiff who was briefing us on what was gonna happen he just gave me a strange look "What you're gonna hire an attorney and fight this?" I told him if it comes down to it. When asked how I plead i said i had a recommendation, The DA said "oh lemme just have a look at that and verify u and ur good to go".

But on the off chance this is not the case, just get a public defender, have him argue that, make them subpoena ur doctor. A smart DA wouldn't want to waste the resources.
 

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