QUESTION
Can I find a lawyer famililar with possession of marijuana cases?
Asked on Nov 09th, 2010 on Criminal Law - California
More details to this question:
I was recently caught with marijuana. I was visiting my girlfriend. During my visit, my girlfriends brother was pulled over outside of the apartment. The cops found marijuana and a scale in is person. Following the investigation outside the apartment, the police then entered the apartment and asked my girlfriends mother if they can search her brothers belongings. In the process they searched my person and my back pack in my girlfriends room. In the pack they found less than a gram of marijuana. I was then told if I did not accept the ticket that my child could be taken away by CPS, due to my negligence for having marijuana in the same house as my child. I have a Masters Degree and I am in the processes of relinquishing my past DUI offense, so I can move on with my life. Thanks!
8 ANSWERS
Violent Crime Attorney serving Riverside, CA
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The Law Office of Joseph Galasso
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Based on what you stated there could be a search issue regarding a violation of your 4th Amendment Rights. Simple possession of marijuana will very soon be an infraction. Many prosecution offices in California do not even file simple possession of marijuana cases anymore. However, it is still a law violation and it is at the discretion of the DAs Office.
Answered on Nov 10th, 2010 at 11:28 AM
You should be aware that the law on possession of marijuana is current in the process of changing. If you in fact received a ticket it was probably for a violation of Health and Safety Code section 11357(b) which is possession of less than an ounce of marijuana. If that is the case this charge will soon be an infraction which is a charge similar to a traffic ticket. Feel free to give my office a call and schedule an appointment for a free consultation where we can talk about all of your options and possibilities of reducing the charge.
Answered on Nov 10th, 2010 at 9:43 AM
Geoffrey MacLaren Yaryan
Yes, you should be able to find such an attorney.
Answered on Nov 09th, 2010 at 8:13 PM
Since the amount found in your backpack was so minimal, a good lawyer may be able to have the charge dismissed. You may also want to consult the same lawyer regarding having your DUI expunged.
Answered on Nov 09th, 2010 at 6:28 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Sure you can. As long as your expectations about the case and what counsel can do with it are realistic. All the admissible and credible facts, evidence and testimony will determine the outcome. It sounds like your cooperation, and that of the others involved, provided the police with apparent consent to search. Their report[s] will all likely say everyone freely and willingly consented and cooperated in the investigation and search. Every TV cop show educates people to exercise their 5th Amendment rights to SHUT UP and say NO to any requests for comment or cooperation, other than providing your name and ID. You apparently did not follow that advice. Unfortunately, yes, they are free to lie and pressure you to consent, cooperate, confess, etc. If you are serious about fighting this with evidence suppressions and dismissal motions that may be available, with hearings and contested trial, rather than seeking a plea bargain, you can do so with good legal help, which I will be happy to provide. Your main problem is the cost in legal fees of really fighting it and taking it to trial. If you are ready, willing and able to do that, or if you prefer to seek drug diversion options as part of a plea bargain, feel free to contact me. It is your choice.
Answered on Nov 09th, 2010 at 5:13 PM
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
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You have a very good case. I think you could get the evidence suppressed by showing the search was illegal. Without evidence, the case would be thrown out. Nonetheless, such an amount of marijuana has not been decriminalized recently so that it is only an infraction that calls for a $100 fine.I can definitely help you. Please feel free to contact my office for a free consultation. You can reach me, immediately and directly by calling my number: (949) 596-0060.
Answered on Nov 09th, 2010 at 4:28 PM
Yes most criminal lawyers handle these types of cases. What I suggest you do is contact 2-3 attorneys and see which one you feel most comfortable with hiring.
Answered on Nov 09th, 2010 at 4:13 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Let me know what county you are in and I can refer you to someone good. If it is in the Bay Area I would suggest me.
Answered on Nov 09th, 2010 at 4:13 PM