Marijuana ticket in California need help please?
Okay so i got a marijuana ticket ( 1 gram) in California. The cop told me I have to go get finger printed and booked and get a certificate to show at my court date. I know I could get a prescription without it going into my record that shows i got my prescription before the day of my ticket. My question is, If I go to court with that prescription to get my court dismissed, would I need to go get that other certificate that the cop told me about? Thanks for any help.
I imagine if you had a prescription describing a need for pot then you would be free and clear. However, if you are getting it from just any doctor do know they verify the need and if you are lying you can get in alot more of trouble.
First of all possession of less that one ounce of marijuana in California is handled like a traffic ticket. You pay a 100 dollar fine. If this is your first marijuana related offense it won’t even go on you record.
Getting a prescription for medical marijuana isn’t as easy as people think. Unless you’ve got the connections. Normally you need to have a legitimate medical condition, which means you have to see a doctor get an exam and finally pay all fees. It’ll end up costing way more than the original citation.
What the heck was that police officer talking about? A marijuana ticket is a misdemeanor but treated like a traffic ticket. The most you can get is a $100 fine, no jail time, no probation.
I have no idea why a cop would tell you you have to get fingerprinted and booked. You don’t. I don’t know what certificate he or she was talking about.
They should have written you a ticket, just like a speeding ticket with a date for you to appear in court. Just go to court that day and pay your $100. If you’re lucky some D.A may agree to let you do 10 NA meetings and get the thing dismissed.
You’re saying you can get a prescription that’s dated before the date of your ticket? That sounds like a real scam. If you have a legitimate health reason to get a recommendation, then just get one.
Pen C section 853.6 says that when an officer issues a citation for a misdemeanor (which this is), he can direct the cited person to go to the police station to be booked, and a verification of that will be provided. However, the result of not doing so is that the court can order the defendant to comply, unless the prosecutor agrees it is not necessary. Since that agreement is always a possibility, I’d wait to see what happens in court.
Getting a later recommendation for MJ is NOT a defense to possession MJ when you did NOT have one (although it might be a mitigating factor). It is true that the fine is only $100 (which, with various assessments, actually comes to more than $400), but there are other possible consequences to things like public housing, student loans, foreign travel, and, if you are under 21, your drivers license. First offense or not, the conviction certainly DOES go on your record (although that record is automatically destroyed after a few years).
Since this is a misdemeanor, if you cannot afford an attorney, one will be appointed for you. If you can afford counsel, you should at least discuss this matter with an attorney before you go to court.