Marijuana Defense Lawyer in Orange County
California Health & Safety Code 11357 HS
California marijuana laws—along with social views on pot—have loosened in the last decade. However, many people are still arrested for marijuana charges (Health & Safety Code 11357 HS). Do you need to beat a pot charge? If so, do not hesitate to call an OC marijuana lawyer at Law Office of Michael L. Guisti, who can work to get your charges reduced and dismissed, keeping you out of jail, and getting illegally-seized pot and money returned to you.
About Felony Marijuana Charges
There are several ways in which marijuana-related crimes are tried as felonies, such as the following:
- Cultivation of Marijuana: If convicted of cultivation for personal use, you may be eligible for diversion under Proposition 36 as you as you had no intent to sell. Proposition 215 and Senate Bill 420 allow limited cultivation of marijuana for personal medical purposes.
- Possession of Marijuana with Intent to Sell: Possession with intent to sell is a felony, regardless of the amount—even if no sales transactions are observed. Orange County prosecutors often charge possession for sales based on circumstantial evidence when police allegedly find large quantities of marijuana, large quantities of cash, pot packaged in multiple baggies or bindles, scales, lack of pipes, papers or bong, and the person arrested doesn't appear high.
About Misdemeanor Marijuana Charges in OC
Possession of one ounce or less of marijuana is a misdemeanor only punished by a $100 fine. Understand that possession of more than an ounce is punishable by up to six months in jail or a fine of up to $500, which subsequently creates a criminal record that could interfere with your ability to secure a job.
If convicted of misdemeanor marijuana possession, you will most likely qualify for a Proposition 36 or Penal Code 1000 drug diversion program, which is a rehab treatment program rather than any jail time. Upon successful completion of the program, your case is dismissed. Transporting or giving away one ounce or less is a misdemeanor punishable by a fine of not more than $100.
Our criminal defense firm can work to arrange an "informal diversion" with the district attorney or judge where you agree to perform a short amount of community service and/or attend a few drug treatment meetings. Upon completion, the court dismisses your charges with no criminal record generated.
"...I was facing serious felony charges for marijuana, but Mr. Guisti was able to get my charge down to an infraction and I can’t thank him enough. If you’re caught up in California’s weird and unclear marijuana laws call Attorney Guisti."
Warning: Be Careful Online
Orange County police are making an increasing number of marijuana sales busts online with officers monitoring internet sites and watching for buyers and sellers of weed to post messages. Police often respond by phone or email and arrange a "controlled buy" at which they arrest the dealer.
Call an Experienced Orange County Drug Defense Lawyer
At Law Office of Michael L. Guisti, we know this is a very difficult time, but our Orange County drug defense attorney will handle your case in the best possible way. By investigating Orange County police tactics used in your arrest, Attorney Michael L. Guisti will see to it that your rights were not violated and can work to reduce your criminal charges or possibly dismiss your case in the courts. Call (714) 530-9690 today for help!
Additional Information
- In 2018, You’re Free to Smoke Marijuana…Sort Of
- Lots of Green Behind New California Marijuana Initiative
- California Health & Safety Code 11357 HS
- Marijuana Goes Legal in California on Jan. 1 - What You Need to Know
- California Cannabis Portal
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.
(714) 530-9690