January 24, 2011 By Wallin & Klarich

If you were cited or arrested for possession of marijuana in San Diego it is important to know the consequences you may be facing.In January 2011, the penalty for possession of up to an ounce of marijuana was changed from a misdemeanor to an infraction, meaning a possible fine of up to $100.00 (H&S Code § 11357; V.C. § 23222.). This means that you cannot face jail time for a first offense.  However, possession of any amount greater than 28.5 grams can still result in a misdemeanor conviction resulting in a maximum sentence of six months in jail and a five hundred dollar fine (H&S Code § 11357).For you to be convicted of possession of more than 28.5 grams of marijuana, the prosecution must prove that:

  1. You unlawfully possessed a controlled substance;
  2. You  knew of its presence;
  3. You  knew of the substance’s nature and or character as a controlled substance;
  4. The controlled substance was marijuana; and
  5. The marijuana possessed by you weighed more than 28.5 grams.

You must keep in mind that it is important to hire an attorney who can provide you with the best possible defense. Depending on the circumstances, your attorney can fight for you by arguing that you only had momentary possession, you had no control over the illegal substance, or you did not have awareness or knowledge of the controlled substance. In addition in every criminal drug prosecution your criminal defense lawyer must review the facts of your case to determine if  your legal rights were violated due to an unlawful search. If that is the case then a motion to suppress the evidence seized from you can be brought which could result in the charges against you being dismissed.

If you are charged with possession of marijuana, it is critical that you talk to a San Diego criminal defense attorney. At Wallin & Klarich, our attorneys will use their knowledge of the law to provide you with the best possible drug crime defense. Wallin & Klarich attorneys will aggressively defend you to ensure the judge takes into account all of the available options in your case. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or visit www.wklaw.com for more valuable information. We will be there when you call.

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