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Ways to get an infraction for possession of less than an ounce of marijuana dismissed in California

San Jose, CA |

Aside from getting an attorney, what are some other options to get an infraction dismissed? I know getting an attorney would be the best option so what is the average price range an attorney would charge to get an infraction dismissed for a first time offender in California? (I understand each attorney is different but please give your best prediction)

Attorney Answers 2

Posted

"some other options"

1. An ID was stolen and the person charged apprehended was someone else but gave info relating to the stolen ID; officer identifies ID owner as not the person cited.
2. M.J. was not canabis, but oregano; analysis shows that there to have been an improper charge.
3. The "less than one ounce" was a nanogram and not a usable quantity.
4. The "less than one ounce" was all sticks and seeds.
5. There was no probable cause to contact or detain sufficient for the evidence to be suppressed.
6. Was there a valid medical M.J. document issued by an authorized doc?

There are many more of the "some other options" which depends upon the facts.

Cost will also depend on the facts. Is an expert needed? What tests were performed on the contraband? etc. etc. etc.

Spend a thousand or so and make your best fight.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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Posted

Why not call a few - most offer free initial consultations. Can locate attorneys on AVVO under the heading "Find a Lawyer"

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.

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