What happens if the police arrest someone smoking weed in a hotel room? 8 Answers as of March 30, 2011

What happens if the police arrest someone smoking weed in a hotel room? Thanks!

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
How did the police lawfully enter the room? Does the smoker have a marijuana card? Was there other marijauna in the room? If legally in the room, I would guess an infraction and a fine.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
That's usually not even an arrest, just a ticket. But if the person IS arrested then they might get charged with a misdemeanor and receive a fine if found guilty. Often medical mj cards are a valid defense.
Answer Applies to: California
Replied: 3/30/2011
Tracy L Henderson, Attorney at Law
Tracy L Henderson, Attorney at Law | Tracy L. Henderson
He could be charged with a crime. He may have a violation of his fourth amendment rights but it is against the law to smoke marijuana absent a medicinal marijuana card.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Possession of less than an ounce of marijuana is now an infraction. You get a ticket and the max is a hundred dollar fine. The big question is...why are they in the room? Was there something else going on? Minors present?
Answer Applies to: California
Replied: 3/28/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
An arrest is an arrest, no matter where made. If charged with a misdemeanor you face up to 6-12 months in jail on each count. If you have priors, they are enhancements under the 3 Strikes rules. If this constitutes a probation violation, factor that new charge in as well. It sounds like you are inexperienced, meaning no prior arrests. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. 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 and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you through plea bargaining, or take it to trial if appropriate. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. In the situation you described, this is probably a case where your attorney can get you simple drug class diversion, without jail.
Answer Applies to: California
Replied: 3/28/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Depending on many circumstances, they could press different types of charges. What was the amount of marijuana you were caught with? Was were you smoking out of, a pipe or other smoking device, or rolled in paper? If it was just a minimal amount of marijuana, and no other factors, they will probably move forward with a possession charge. Contact me if you would like to discuss in further detail. It would be easier to answer this question with more facts about what happened when arrested.
    Answer Applies to: California
    Replied: 3/28/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Presumably, that individual would be booked and/or cited for any number of offenses including possession of marijuana, possession of a smoking device and any other drug related charges depending on the specific facts of the case. The fact that the arrest took place in a hotel room does not necessarily save the individual from potential criminal charges. That being said, that individual should most certainly contact an experienced criminal defense lawyer to fully discuss the details surrounding their arrest including how it is the police gained access into the room as their may be a Constitutional issue worth exploring.
    i hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 3/28/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    This depends. Without more information, I cannot fully answer this question. However, this should be taken very seriously. He can be arrested and charged with possession and with being under the influence. However, a good defense attorney will be able to get these charges down to infractions or at lease a prop 36/ drug treatment type of disposition.
    Answer Applies to: California
    Replied: 3/28/2011
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