I had a case that I believe I could have won. My public defender, pretty much dismissed me and told me I was guilty from the beginning. I am teacher and bartended part time. I gave Alcohol beverage Control three marajuanna edibles and introduced them to my friend who sold marajuanna. We both had our medical cards, the agents said they had theirs. I got charged with four felony counts of transporting marajuana. My PD got me a deal, which I told him I thought we could win based on the Compassionate Care Act. He got me a deal that if I plead guilty to 1 felony count, that I wouldn't get sentenced for a year and if I did not get in trouble, when I was sentenced, it would drop to a misdemeanor. I took it because I cannot teach with a felony. I asked him repeatedly (have it on emails) if this would show up on my Live Scan, he told me no over and over. Well it did and I am losing my carrier probably and just lost a great job opportunity.
If it is true that you asked about your job and you were told it was safe when it wasn't, then you may have good cause to withdraw the plea. Here is the problem. You still have to defend the case. There are not many attorneys out there that are worthwhile or know how to successfully defend a medical marijuana case. Here's how it is suppose to work since it is an affirmative defense -- you put that affirmative defense on at the preliminary hearing. Many attorneys won't do that and they have their reasons that they don't. But I don't know of anyone that won a medical marijuana case at trial. Myself, I've never had a legit medical marijuana case get to the trial phase because the judge dismissed it at prelim. Its not easy and its expensive. You will likely need to have the doctor testified who issued the prescription/license. You may need an expert. Your attorney will need to run some 402 motions before prelim to educate the judge and the prosecutor. If your attorney fails to run those motions, then it just makes it much more difficult to get a dismissal. Because of the extent of the prelim hearing, you will need a good size retainer. Bear in mind not every attorney is willing to do that much work for a prelim. Good luck.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from an attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
When did you enter into the plea? How long ago? Yes, you can seek to have the plea withdrawn. However, be careful what you then ask for. A medical marijuana card is no defense to a charge of sales. No way. So how can you get a better resolution? You may not be able to. You certainly ought to have an experienced criminal defense attorney look into this more. Yes, you may be in for a career change based on the sale of marijuana. There may be no way to save to your job as a teacher.
Depending on when this happened a motion to withdraw your plea could be filed. Such motions are rarely granted.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Why would such a conviction not be on your Live Scan? I think that any PD should know that that is not true. If he told you that this would not show up on Live Scan, then you may have a basis to withdraw your plea.
Remember that if you withdraw you plea, you will have an open case. Based on what you wrote, your case has some problems. If this was done through a collective, medicine can only be distributed to other members of the collective. Unless you verified that the agents had valid recommendations, you cannot assert the defense. You said that the agents said that they had their cards, but not that you verified that the recommendations were valid. You also did not say that you asked them to provide valid ID. As such, your conduct doesn't seem like it falls within the Act. Sales of marijuana to non-patients is not covered by the Act.
The PD may not have been very experienced in dealing with medical marijuana. However, since he is a PD, he probably has more experience dealing with it than some private attorneys. My advice is based on handling many cases like this as a PD since 1996, as well as being private counsel for collective owners since 2001. Good luck.
CRIMINAL DEFENSE ATTORNEY - 20 YEARS EXPERIENCE This response is a general discussion of legal principles by a California lawyer. Additionally, this response does not constitute the creation of an attorney-client relationship, since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information. Finally, the above is not intended as legal advice, since it’s impracticable to provide thorough, accurate advice based upon the query without additional details and facts, as well as a complete and thorough review of the discovery in the case. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
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