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Ask AttyCBradford Your Own Question
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family law Attorney serving California statewide
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So i was pulled over the other day and the cop found a little

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So i was pulled over the other day and the cop found a little bit of marijuana, a pipe and a grinder in my car, none of which belonged to me. I wasnt arrested for it and the cop said i have to schedule a court date. How should i go about handling this?

AttyCBradford :

Hello!! Generally at the bottom of the citation there is a Notice to Appear on or before date. You would need to take your ticket with you to the courthouse on or before that date and to the courthouse indicated and set up a court date with a judge to be arraigned on the charges. Then a trial date would be set. If you want to just pay the fine then you would do so at the traffic clerk window

AttyCBradford :
Customer: Does the fact that i wasnt arrested have any effect on this? Also i wasnt read my miranda rights, right as the cop was about to read them his back-up arrived and he started talking to them and never got back to it.
AttyCBradford :

No the fact that you weren't arrested has no bearing. When the amount of marijuana is so slight it is what is known as a cite release. Meaning they write you a ticket and you show up

AttyCBradford :

The miranda rights are not triggered until you are under arrest

Customer: What are the possible consequences?
AttyCBradford :

was it under an ounce?

AttyCBradford :

it is was under 20 grams you are looking at a MAXIMUM of 1 year on probation, 1 year in jail OR $1,000.00 fine. Generally the DA will offer a sentence of a fine, some community service and maybe some NA classes

AttyCBradford :

you could also subject your license to a 2 year suspension

AttyCBradford :

i would suggest consulting with a attorney bfore accepting any plea deal

AttyCBradford :
Customer: Yeah it was less than a gram
AttyCBradford :

see the above answer for potential consequences

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