When you are charged with a crime, the District Attorney’s Office will often offer for you to take a plea, which means you admit to some crimes and agree to terms of punishment such as jail time and probation. Probation will generally be for a period of 3 years and carry with it numerous terms, rules, and things you cannot do while you remain on probation. Some examples of probation terms are no drinking alcohol, stay away from the victim in the case, abide by the laws while on probation, and to surrender firearms. If you agree to the plea and accept the terms of probation that are laid out in your specific case, any violation of those terms (probation violation) can lead to the court revoking your probation.
Once you are placed on probation and you waive your right to appeal that right is gone completely and forever regarding the terms that you agreed to in your probation case. This applies to a medical marijuana case as was recently decided in a recent California case of Moret. In that case the defendant was charged with carrying a concealed weapon. As the case proceeded Moret decided to plea to the charge for a lesser sentence. After doing so, a sentencing hearing was held and Moret talked with a probation officer prior to the hearing. While talking to the probation officer Moret informed them that he had a medical marijuana card and used marijuana in the evenings to help him with headaches that he suffered from. When it came time for the sentencing hearing the probation report requested as a term of probation that Moret turn over his medical marijuana card and stop using marijuana during the term of his probation. Moret’s attorney objected to the marijuana terms, but did so unsuccessfully. Moret’s attorney allowed his client to agree to the probation terms and to waive his right to appeal when he agreed. Due to this when Moret later tried to appeal the marijuana related terms of his probation the court ruled that the terms of his probation would remain in effect until the end of his probationary term.
Cases like the Moret case are a perfect example of why you need an attorney representing you that knows the law and is able to advocate properly in your interest for your rights. If Moret’s attorney had worked out different terms for his probation he could have possibly retained his medical marijuana card while serving his probation term. For reasons like this it is crucial that you hire an attorney who knows criminal law and understands the complex nature of the law as well as possible repercussions like the attorneys at The Law Offices of Michael S. Carrillo. The Law Offices of Michael S. Carrillo can offer you a free consultation to discuss your case. Call us today for that consultation at (626) 799-9375.