Can I get my petty marijuana offense reduced with a medical marijuana card? 10 Answers as of December 05, 2010

I have several extremely debilitating conditions that I have been self-medicated for using cannabis in the past. It has done absolute wonders. Nothing else has worked; counseling, medication, what have you. It completely eradicates my severe insomnia, depression and anxiety disorders. Now on to my situation; I was charged on two different occasions with petty offenses, specifically possession of Marijuana under 1 ounce and possession of marijuana paraphernalia. Marijuana was not being smoked in either of the situations, they both took place in vehicles. My question is that, if I was able to be recommended for the medicinal use of cannabis and possibly obtain a mmj card before I met with the D.A, would this do anything at all to help get my charges downplayed? Thanks

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
The card could absolutely be helpful. Consult with the Public Defender in your courtroom.
Answer Applies to: California
Replied: 12/5/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It might. you should get one to make sure you do not get another cite. and, maybe the DA will cut you some slack in this case. For more info or to retain, call our office.
Answer Applies to: California
Replied: 12/3/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes, Do it.
Answer Applies to: California
Replied: 12/3/2010
Mandarano, Cavaletto & Associates
Mandarano, Cavaletto & Associates | Christopher Mandarano
It would be extremely unlikely. The fact that you may have a verifiable condition that can be somewhat alleviated by marijuana use will not be a mitigating factor for the DA. If at the time you were caught with the cannabis you were not yet eligible for such treatment, it would be of little consequence that after the fact you were able to acquire a prescription. I would not waste my time on this. If you have no other criminal offenses on your record, you'd be better served relying on your up-to-now very good record in dealing with the DA.
Answer Applies to: California
Replied: 12/3/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
I have had success getting marijuana possession charges reduced and dismissed. Call me to discuss your case in further detail. Free consultation.
Answer Applies to: California
Replied: 12/2/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No. You must have a recommendation BEFORE the bust BUT get one now w a letter from doc having read your med Rx and setting out all that is wrong w you. Then he can see you were entitled to one but never bothered to get one. Maybe DA will cut U some slack on that basis.
    Answer Applies to: California
    Replied: 12/2/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should consult with a criminal defense attorney. A program may be available to earn a dismissal. A skilled attorney may also be able to negotiate with the DA for a reduction of charge. Being recommended for a MJ card may not help you much, because at the time of the offense you had no such card.
    Answer Applies to: California
    Replied: 12/2/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If you would have had a card at the time, you would not have been arrested as long as you were holding an amount within the limits and rules of the card. If you did not have a card at the time, getting one now will not help.

    When charged with a misdemeanor, you face up to 6-12 months in jail on each count. Effective plea bargaining, using whatever defenses and sympathies you may have, could possibly keep you out of jail, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself. If serious about hiring counsel to help you, feel free to contact me. If you can't afford private counsel, apply for the Public Defender.
    Answer Applies to: California
    Replied: 12/2/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Under an ounce is not a serious charge. Get your card so this does not't happen again.
    Answer Applies to: California
    Replied: 12/2/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Getting your card after the stops will not be a legal defense to those charges. However, if you present it, it certainly would be mitigating evidence that the DA would consider. In California, you are likely eligible for diversion (short program and a dismissal) under Penal Code 1000, also called "PC 1000", Deferred Entry of Judgment or "DEJ".
    Answer Applies to: California
    Replied: 12/2/2010
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