POSSESSION OF MARIJUANA - A CLASS 6 FELONY OR CLASS 1 MISDEMEANOR

POSSESSION OF DRUG PARAPHERNALIA - CLASS 6 FELONY OR CLASS I MISDEMEANOR

Possible Sentence:

Class 6 Felony - Probation, Jail or Prison
Prison sentence - 6 months - 2 years. You must serve 85% of any prison sentence. Probation can include a jail sentence can be up to one (1) year.
§ First Offense: Probation Only
§ Second Offense: Probation and Jail
§ Third Offense or More: Prison

Class 1 Misdemeanor – Probation, up to six months jail
§ Under Proposition 200 no jail or prison for first and second offense.

Possible Fine:

$150,000 plus 77% surcharge. Felony
$2,500.00 plus 77% surcharge. Misdemeanor

Options:

Plead not guilty and fight the charges.
Plead not guilty and negotiate a reduced charge or sentence (plea bargain)
Possible Plea Bargain – Reduce felony to misdemeanor, no jail, reduce fine, deferred prosecution.

Bail/Release:

My top priority is to get you out of jail if at all possible. A high bond/bail is normally set in these types of cases. You have the right to have your bond reviewed by a Judge who can reduce the bond or release you with certain conditions. This may take several weeks because a written motion must be filed, the prosecutor gets to respond and a hearing must be held by the Judge. It is also possible to make an agreement with the prosecutor to reduce the bond to a lesser amount ($5,000-$20,000).

The amount of bond / bail and the likelihood of release depends on several factors including:

Bond / Bail can be posted as follows:

next>