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2006 misdemeanor marijuana charge, failure to appear with bench warrant. Current handling of possession cases?

Bellingham, WA |

I've read that King and Pierce counties are dismissing / have dismissed misdemeanor marijuana possession charges that occurred prior to the passing of I - 502 last year . My partner and I are looking into handling his citation / charge from 2006 that he " forgot " about . He has a bench warrant and is interested in having a bail bonds company handle the warrant / bail and arrange a court date . He has no prior convictions . I've looked around Avvo and elsewhere to find out how Whatcom Co . is handling cases originating prior to the new law but haven't found any recent information . Can someone update me how these cases are currently being handled ?

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Attorney answers 3


The issue is coming up all over the State and many prosecutors are dismissing simple possession charges filed pre-I-502. However, a prosecutor may look at a case like this very differently. This is a charge that has been pending for 7 years and the only reasons the person is thinking about addressing it is that the law changed a month ago. There are prosecutors that will want to prosecute this and may even add a bail jumping charge as well (FYI-bail jumping involves missing a court date regardless of whether any bail was actually posted).

On the other hand, there is a lot of potential for evidentiary problems with a 7 year old POM case. and you may have some good defenses available to you. Either way, you need an attorney to start working on this so that you can resolve it. The only answer one can give you for sure is that if you do not address this it will not simply go away. It sucks to be arrested when you are in the middle of doing something important!


Call the court and ask.

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You will either have to call the court yourself, get the name of the prosecutor that would be handling your case and ask to see what is possible with your charge at this point OR hire an attorney to do this for you. I believe you would be better served and your answer from the State would be better if you hired an attorney to do this for you. Good Luck