What can I expect for a possession ticket in California? 10 Answers as of December 16, 2010

I recently got pulled over for speeding and no seatbelt, but when I got pulled over they found under an ounce of marijuana. I have never been in trouble before and I am a pretty decent student in school. They found a pipe and a scale. What can I expect from this? They handcuffed me but never read me my rights.

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Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Well, it will likely be charged as a misdemeanor given the scenario you listed. I would recommend hiring an attorney to assist you in defending your case, and working out a favorable plea agreement on your behalf to minimize any consequences and avoid jail time and excessive fines. I handle possession cases and can help you out if you would like.
Answer Applies to: California
Replied: 12/16/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Depends upon the charges actually filed. If charged with a felony, you face potential prison time if convicted. As a misdemeanor, then you face up to a year in jail. If you had only been found with simple possession of an ounce, it would be an infraction. Paraphernalia can result in felony charges carrying several years in prison. Effective plea bargaining, using whatever defenses and sympathies you may have, could possibly keep you out of jail/prison, or at least dramatically reduce it, 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 against a professional prosecutor intending to convict you. If serious about hiring counsel, 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.

Miranda rights are only read in custody when they interrogate to seek a confession.
Answer Applies to: California
Replied: 12/16/2010
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
First of all, the officer does not charge you. The District Attorney's office will review the circumstances and charge you. There are so many charges that can flow from your fact pattern that I would need to hear the whole story. This can range from a simple misdemeanor possession to Felony transportation charges with a misdemeanor DUI tacked on.
Answer Applies to: California
Replied: 12/16/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Possession of less than an once of marijuana is a misdemeanor soon to be an infraction after January 1. It presently is punishable by a $100 fine plus substantial penalty assessments. You can avoid a conviction by entering in and completing a drug program. Of course you may defenses to the charge as well that could be best analyzed by an attorney.
Answer Applies to: California
Replied: 12/16/2010
The Law Offices of Victor J Mazzaraco
The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
What are you charged with? Possession? Possession with intent to distribute? They will only prosecute what they have charged. I know it is easy for me to say, but I would not worry at all. A fine, probation (which is "obey all laws," which we all have to do) and its history.
Answer Applies to: California
Replied: 12/15/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If they charged you with simple possession it is a $100 fine, but it sounds like you will be charged with possession with intent to sell. That's a whole different matter and it is a serious felony. You can get probation (if no priors) or up to a couple of years in prison. Get a good lawyer
    Answer Applies to: California
    Replied: 12/15/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You should seek an attorney. Without knowing more the scale may change things. If it was just a simple possession many times an attorney can get the case dismissed.
    Answer Applies to: California
    Replied: 12/15/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should consult an attorney immediately. Minor MJ cases can often to reduced or dismissed, and a drug program may be available for the pipe charge, the completion of which may result in a dismissal.
    Answer Applies to: California
    Replied: 12/15/2010
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Possession of less than an ounce is a misdemeanor that carries a maximum of $100 fine. With taxes, it's about triple that amount, but you would end up with a misdemeanor pot conviction on your record. Instead, the goal would be to avoid a conviction - typically for first offenders, a diversion type program can be worked out by your attorney... that is assuming you have to take a deal and there are no legal defenses, search issues, etc.
    Answer Applies to: California
    Replied: 12/15/2010
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    This depends. In California, marijuana possession is not treated very strict. However, they may charge you with a misdemeanor. Feel free to contact my office with more specific details.
    Answer Applies to: California
    Replied: 12/15/2010
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