What should I expect on the date if court?

Asked 9 months ago - Woodland, CA

Ok, my husband to be and myself were arrested in northern Ca for poss of marijuana, sales, poss of controlled sub and paraphernalia , we were held over night and released due to the jail not having enough beds.

we were released with a court date and a list of charges. my hubby to be has his CA recommendation for Med Marijuana, and I am waiting on mine.

I have no criminal background and my H2B has a DUI in AZ and in 2001 a cultivation charge that he completed his 8 yrs of probation.

We dont have a clue what to do, and how we can fight this in court. I think we were wrongfully charged. We were within the limits. Also, we experienced some strange things up to the point of arrest......

Any advise will be helpful

Attorney answers (6)

  1. Maltaise E Cini

    Contributor Level 16

    5

    Lawyers agree

    Answered . My advice would be to see counsel ASAP. A medicinal marijuana card is not going to be helpful for a charge of sales. A sales charge is very serious, especially for your boyfriend given he has a prior cultivation charge. This is not to say the DA can prove the case beyond a reasonable doubt. You need to approach court with a qualified attorney. This is not going to go away by you stating you have a marijuana card.

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Woodland is a tough place to be caught with marijuana. I had a case out of there years ago, and it was turned over to the feds. I strongly encourage you to contact a few attorneys for a free consultation. Although you are in Northern California, you are not near Humboldt. You are near Sacramento, which has a entirely different attitude to marijuana. I wish you both the best.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Sean A Nicholson

    Contributor Level 7

    5

    Lawyers agree

    Answered . The Sales charge creates a significant stumbling block to getting the case(s) dismissed based upon an argument of legal possession related to the medical marijuana card. It certainly does not mean that the charges cannot be dismissed or significantly reduced, depending upon the facts of the case, but I would recommend contacting a criminal defense attorney ASAP. Almost all of us give free initial consultations.
    As a side note, just because you were released due to overcrowding does not mean that the District Attorney will not request bail to be set at the initial appearance or they may even issue a Felony Warrant. Both regularly happen in Northern California courts.

  4. Joseph Salvatore Farina

    Contributor Level 17

    4

    Lawyers agree

    Answered . Depending on the evidence, a medical marijuana recommendation is probably not going to help your husband with a sales charge. And if you don't already have your recommendation, then you do not have a medical marijuana defense. Unless you can both afford attorneys, one of you will get the public defender and one of you will get a conflict attorney. I live in Woodland and I can tell you this is a difficult court to be facing criminal charges in. Good luck.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more
  5. Ruben David Frias

    Contributor Level 7

    4

    Lawyers agree

    Answered . Without more information on the specifics of your case, it's impossible to tell you what to expect. My best advice is to contact an attorney in the area ASAP.

  6. Scott David Levy

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Contact a local attorney, they will now the local procedures.
    Scotty
    www.FresnoCountyDefense.com

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