Marijuana Misdemeanor, California?
I am 19. My friend was driving me home from a party in his car when he got a dui. They arrested him, then told me to step out of the car, put my hands on the hood. Then asked me my name and if I had anything illegal on me. I gave my name, but before I could continue to respond the officer felt me up...
I am 19. My friend was driving me home from a party in his car when he got a dui. They arrested him, then told me to step out of the car, put my hands on the hood. Then asked me my name and if I had anything illegal on me. I gave my name, but before I could continue to respond the officer felt me up and took everything out of my pockets. He didn't ask to search me, have a warrant, or even TELL me I was going to be searched. They found my pipe and weed, threw the pipe away for me, and put me in cuffs and took me downtown where I sat in handcuffs for a few hours. They let me go and gave me a court date for "marijuana possession less than one ounce".
Given the story above, what can I do to fight this charge? It is my first offense against the law of any kind. Can I get out of it because they didn't ask to search me? DO they have the right to search any passengers when busting the driver of the vehicle for a dui?
I heard a rumor that if I got a medicinal marijuana card before my trial that they would let me off, but I can not decide if I should do that or not because I am wondering if it matters that I was arrested for marijuana BEFORE I get a card so I would still end up facing the charge?
IF I DO have to take this charge under the chin, what is the best that I could hope for? Take a rehab class and have the charge taken off my record? I really concerned for my record. Thanks in advance
Your biggest problem is that conviction of this offense can result in a 1 year driver’s license suspension (that is applicable to anyone under 21 who gets a drug or alcohol conviction). It can also affect your ability to travel to foreign countries, if that is important to you. This is a misdemeanor, even though punishable only by a fine, so if you cannot afford counsel an attorney will be appointed to represent you. You should have an attorney to consider both the legality of the search and alternatives to conviction.
Getting your medical card can’t hurt, and may help. I’m amazed that they are even charging you for less then an ounce. Your friend is in bigger trouble though.