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Im on dui probation in California, Marijuana possession in california is an infraction, I was told infractions dont trigger a

Fresno, CA |

probation violation. Do you think marijuana possession would violate the dui probation?

Attorney Answers 4


  1. There is an argument that the infraction is not a crime and, therefore, does not trigger a violation of probation. There is an equal argument to the contrary, i.e. that it is a public offense, triggering the violation. An attorney needs to review the sentencing and probation terms paperwork to determine your risk level here.

    The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.


  2. You need to consult with a local criminal attorney - it could PROBABLY go either way, depending on the facts of your case; your probation terms; and the particular judge & prosecutor.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. A term of your probation could be not to use marijuana. If you have a medical marijuana recommendation then the court can permit you to use your medicine. Here it looks like you don't have a recommendation since you were issued the citation for the infraction. You need to hire an attorney to fight the infraction and any violation of probation allegation. Best of luck.


  4. Depends on the facts of your 1st case and how those probation terms were ordered. Those terms may include " no marijuana". If probation terms include a drug restriction, and your -1st case did not have facts related to drugs, get your attorney to argue n change that part of probation order.

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