Legal Question in Criminal Law in California

probation violation charges.

I was put on probation for 3 years for vandalism and recently picked up a marijuana possesion charge for 20 grams. is this considered a violation of probation? what can i expecet from this?


Asked on 1/20/09, 10:28 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: probation violation charges.

Since possession of under 1 ounce of weed is a misdemeanor - even if punishable by only a $100 ticket! - it can certainly be used to violate your probation. This means you could be re-sentenced on the original vandalism charge up to the maximum.

If the new case is in a different county you might be able to slip under the radar by resolving the marijuana case quickly so that the court where vandalism conviction took place does not learn about it. By resolving quickly I do not necessarily mean pleading guilty. Get a good lawyer to get you a diversion or some other kind of dismissal.

If the offense took place in the same county, your best option might be to have the charges and probation violation dismissed on account of medical marijuana status.

Feel free to contact my office for additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 1/21/09, 12:40 am


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