If I got a marijuana charge in California, is it worth it to fight it? 12 Answers as of December 15, 2010

Last week, I got pulled over with my friend in her car, and got charged with a misdemeanor possession of marijuana. It was not my weed. It is worth it to fight the charge?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
Depending on your age and what you want to do with your life, it is probably worth fighting. My office represents individuals that are charged with any possession charges because minors can loose their driver's license, and adults can loose their professional licenses.
Most individuals want a clean record in this economy.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 12/15/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Well, a misdemeanor carries up to a year in jail, so it is up to you whether it is worth fighting or just pleading guilty and going to jail.

When arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for
motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you do not know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 12/14/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
After January 1 such offenses will be deemed infractions so I would wait until at least then. If you don't care about having this on your record you could choose not to fight it. If you care or being charged with something you did no t do bothers you I would "fight" it.
Answer Applies to: California
Replied: 12/14/2010
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
I always think it is good to fight the charges. Here, you are charged with a misdemeanor. This will be on your record and may affect your employment prospects. Thus, it is always good to attempt to get the charges down to an infraction.
Answer Applies to: California
Replied: 12/14/2010
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
Absolutely! If it was not yours, then you committed no crime. You may be able to challenge the lawfulness of the stop and get the evidence thrown out. You may also qualify for drug diversion where you can get the case dismissed simply for doing a drug program. You also might qualify for such a program even if you go to trial and lose. By fighting it, which DA's hate
because they don't like to work, good things happen, such as dismissals or good deals.
Answer Applies to: California
Replied: 12/13/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is worth at least considering fighting. Call me to discuss. I have had success getting marijuana possession charges dismissed.
    Answer Applies to: California
    Replied: 12/13/2010
    Tomas M. Flores, Esq.
    Tomas M. Flores, Esq. | Tomas M. Flores
    Yes. There are many first time offender programs, and other ways to get the case thrown out if the facts warrant it.

    Justice comes to only those who fight for it.
    Answer Applies to: California
    Replied: 12/13/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Depends upon why they charge you? If you were in possession of it even though it belong to someone else then you could be convicted. If you were not then you should fight it.
    Answer Applies to: California
    Replied: 12/13/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely, as MJ charges can often be reduced or dismissed through skillful negotiations with the prosecutor. Contact an attorney for a free consultation.
    Answer Applies to: California
    Replied: 12/13/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Under an ounce, let it go as it is only a $100 fine.
    Answer Applies to: California
    Replied: 12/13/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It is worth at least contacting an attorney to review the entire case. Many times hiring an attorney will allow you to get the case dismissed through a diversion program.
    Answer Applies to: California
    Replied: 12/13/2010
Click to View More Answers: