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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27134
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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1st offense of resisting arrest and 1 month later ticketed

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1st offense of resisting arrest and 1 month later ticketed for possesion of marijuana

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Customer: replied 7 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

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 7 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



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.

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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.
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