How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16344
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

1st offense of resisting arrest and 1 month later ticketed

Resolved Question:

1st offense of resisting arrest and 1 month later ticketed for possesion of marijuana
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Jacustomer,

What's your question?
Customer: replied 4 years ago.
my question is i have court date on april 5,2010 for resisting arrest and yest april 2,2010 i was ticketed for possesion of marijuana. what is more likely to happen?the resisting arrest is my first offense
Expert:  Zoey_ JD replied 4 years ago.
Hi,

Sorry for the delay I stepped away from the computer to walk my dogs.

Just to clarify, you have not yet been to court on the resisting, but you now have picked up a marijuana possession offense. Is that correct? Or have you already been arraigned on the resisting charge? And one more question. . . any other charges for the first arrest besides the resisting? That is, what were they arresting you for that you resisted?

Edited by FranL on 4/3/2010 at 2:25 AM EST
Customer: replied 4 years ago.

my court date is april 5,2010 and i picked up the possesion of marijuana on april 2,2010 and yes the only charge is resisting arrest in california. as well both tickets are in different countys

 

Expert:  Zoey_ JD replied 4 years ago.
Jacustomer,

Certain marijuana offenses have been pretty well decriminalized in California. If your matter is just possession of 28.5 grams or less and is your first marijuana offense, there is only a civil penalty, that being a fine of $100. You should be able to walk away from that without a criminal record regardless of the out of county matter.

Resisting arrest in California is a misdemeanor carrying a penalty of up to a year in jail and up to $1,000 in fines. A lone resisting charge without more is generally suspect. California case law is pretty clear that the failure to be less than perfectly cooperative with police, and nothing more, isn't a solid basis for resisting arrest. (See link to California case law). In nonlegal language, they can't bust you for resisting your own unlawful arrest. But in California, the resisting statute 148 is broad enough to cover obstructing justice, so if you were to get in the way of someone else's arrest, they could also charge you with this crime.

Nevertheless, and while you're going to have to make more of an effort to stay out of trouble, I don't think either of these two cases together or separately is going to be a big problem for you. You should have a lawyer, because criminal cases can have lifetime consequences and there's always more to worry about than just the possibility of jail. Depending on the wording of the court information, a lawyer may be able to get the resisting charge dismissed for facial insufficiency. You also will want to avoid a criminal record if you can manage it, and lawyers will be able to negotiate something better for you than you'd be able to do yourself. But you're not going to be in bad shape. Even if, for some reason, you'd end up on probation on the resisting case, you can't be violated for the marijuana charge because the arrest occurred before your plea and sentencing.

___________
If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your Atate for specific legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16344
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.