Criminal Attorney Defense Donte Wyatt ESQ

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  • How can a criminal attorney protect your marijuana rights? 


The possession of marijuana is illegal in the state of California, unless it is possessed for medicinal purposes and has been recommended by a doctor. However, the law surrounding marijuana California is very complicated and intricate. For example if a person possesses less than 28.5 grams (an ounce) of marijuana in California then they will be charged pursuant to Health and Safety Code section 11357(b) and they can only be punished by a fine of $100. It is basically treated like an infraction.
However, if a person possesses more than 28.5 grams than the person can be charged pursuant to HS 11357(c) which is a misdemeanor that can be punished by up to six months in jail.
Concentrated Cannibis, which is charged pursuant to HS11357(a) can be charged as a felony or as a misdemeanor.

Possession for Sale HS 11359


If a person possesses marijuana for purposes of sale they will be charged with a felony. Similar to other narcotic cases the District Attorney will seek to prove the intent to sell by either the amount of marijuana possessed, how the marijuana is packaged (for example packaged in individual baggies), if the charged person is in possession of a large amount of money, if the person charged has pay and owe sheets or any other indicia of sales.
An experienced criminal defense attorney will attack the element of "intent to sell", by undermining the evidence that the District Attorney's Office presents to prove the element of "intent to sell" In addition, an experienced criminal defense attorney will determine if there is a legal basis to suppress the evidence seized in the case. Was there a warrant? Was there probable cause to initiate a traffic stop? All of these issues must be reviewed and evaluated by a criminal defense attorney to present an appropriate defense.

Transportation of Marijuana HS11360.

If a person is in illegal possession of marijuana and they transport the marijuana they can be charged with violating Health and Safety Code section 11360.

Click Here to read about Medical Marijuana


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 Donte T Wyatt ESQ


1010 Second Ave
Ste # 1020
San Diego, CA, 92101



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