Possession of less than 1 Oz of Bud?? California

Discussion in 'General' started by Crealer, Sep 16, 2009.

  1. Anyone know what kind of charges I might get?

    Will this stay on my record?

    Will I lose my license?

    Should I hire a lawyer??

    Its my first offense and its tripping me out.. Especially since my parents found out about the ticket.. really stressful. I just need a straight forward answer on the likely consequences.

    The Ticket actually also came with a "No Seat Belt" ticket as well :/. And the Possession offense counts as a misdemeanor.


    Please help me out here!
     
  2. Because it was in your car it'll be counted as a moving violation i believe but in all honesty it shouldn't be that bad. It'll just stay at a ticket fine and traffic school. I could be wrong but I'm 90% sure on that
     
  3. They actually busted you for less than an ounce of bud in Cali?

    This surprises me :confused:
     
  4. I know.. it sucks.. I wasn't even smoking it at the time.. I hope ScoTTNoFX142 is right haha. Anyone else got any knowledge on what maybe happen? :eek:
     
  5. As a precaution hire an attorney. For what is essentially a moving violation this won't cost you much in attorney fees, and there are a number of attorneys in cali who specialize in just things like this.

    What you want to aim for is not have anything marijuana related on your record. For example, one time I got a HELLACIOUS bad speeding ticket (like... 90 in 55), and was facing some serious issues (loss of my driver's licenses for a year). All the county sheriff and prosecutor's office really cared about was getting my money to fill their coffers. I don't fault them for that.

    So my attorney did his thing, and we ended up with a plea agreement for a combination of violations that-- SHOCKER-- came out to be almost exactly what the original fine would have been. All BS misdemeanor traffic violations so no permanent record.

    Cost me an extra $300 in lawyer fees, but I got to keep my license, my insurance isn't utterly raped for the rest of my life, and I still have no record beyond moving violations.

    You don't want a marijuana violation on your record period. Get an attorney and the whole thing can probably be made to disappear.

    Also ask attorney if you should go get a MMJ card. A very nice defense may be "he uses MMJ but didn't know he needed a card, now he has one, please dismiss." Much like many states will dismiss driving without insurance if you just go and get insurance.
     
  6. Sir Elliot, I think your my savior haha.

    I Like your advice, it makes me feel comfortable with whats happening. I will probably end up hiring an attorney then. I think i also might qualify for the med card so I might try that as well.

    By getting a MMJ Card, Will it not allow me to get a government job and what not? basically will getting a MMJ card effect me in the future..
     
  7. California says MMJ is legal, not the Government
     
  8. Having an MMJ card will have 0 impact on getting a government job in the future, unless you want to work for the CIA, DEA, FBI or something like that. But, I have a hunch that wasn't what you were talking about.

    Being high at a job interview, failing a drug test, and other such things can impact a government job. They can't discriminate because of the card, they can discriminate because you are using marijuana.

    Before seeing a doctor about MMJ see an attorney first.
     
  9. i thought bud was decriminalized in cali, you should only get a fine and no jail time, i think.
     
  10. IIRC it's no problem for possession, but if it's in your car that counts as "transporting" and can carry steeper penalties.

    Definitely get a lawyer.

    Everything Sir Elliott said is essentially correct, you should get representation and your goal should be to plea to a misdemeanor(s) so that you: 1) have no mention of marijuana on your record and 2) never have to report a felony on any job application.

    On a related/unrelated note:
    If for some reason you HAVE to drive with marijuana in California, get a MMJ card, and then get a receipt for marijuana from your dispensary WITHOUT a date on it. Then, if you're ever caught with marijuana in your car, you can explain (receipt-in-hand) that you "just picked it up" which is a legal activity.
     
  11. So fucking that. +Rep forever.
     
  12. Its already a misdemeanor... so should I still get a lawyer or w/e?

    My best friends sister is just getting into law and she told me it would be a fine and a class probably.
     

  13. yeah dont even fuck with a lawyer.. ~100$ fine and a drug ed class or some shit like that. not worth wasting money on an attorney.


    it's still illegal; only if you have a mmj card will you not be prosecuted
     
  14. You don't want a marijuana related conviction on your record in any fashion if it can be avoided.

    Further, it will likely get reported to your insurance company if it goes through as it stands and rape your car insurance rates for 2+ years. Costing you in excess of $1000+ in additional car insurance costs.

    Get an attorney. If it's a joke misdemeanor then he can make it disappear.

    Having a marijuana conviction of any sort on your record could come back to haunt you. Don't take the risk. Lawyer up.
     
  15. I'm having trouble finding a lawyer. I called one to set up an appointment for him to do a free consoltation. It was to be yesterday at noon. When noon came i didn't get a call, i never saw the lawyer.. -_-

    Lammee.
     
  16. i read somewhere possession of 28.5g or less in california was punishable by a ticket and no jail time, dont know if anyone already said that, but oh well, its here again.

    best of luck to you though, hopefully its just a ticket
     
  17. PM me what city the alleged crime took place in bro.
     
  18. sorry for double post

    I thought it was going to be like 100$ as well, but i'm getting too many mixed answers from you guys and from people i know.. I'm probably going to get a lawyer :/
     
  19. California - NORML

    there it all is for ya

    amount jail time fine
    28.5 g or less \tmisdemeanor \tnone \t$100
     
  20. It's an issue of this: you don't want a marijuana related conviction on your record. Even a $100 misdemeanor.

    That can screw your life up down the road.
     
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