QUESTION

What happens if the police arrest someone smoking weed in a hotel room?

Asked on Mar 26th, 2011 on Criminal Law - California
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What happens if the police arrest someone smoking weed in a hotel room? Thanks!
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Answered on Mar 28th, 2011 at 10:35 PM
Depending on many circumstances, they could press different types of charges. What was the amount of marijuana you were caught with? Was were you smoking out of, a pipe or other smoking device, or rolled in paper? If it was just a minimal amount of marijuana, and no other factors, they will probably move forward with a possession charge. Contact me if you would like to discuss in further detail. It would be easier to answer this question with more facts about what happened when arrested.

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Answered on Mar 28th, 2011 at 10:34 PM
An arrest is an arrest, no matter where made. If charged with a misdemeanor you face up to 6-12 months in jail on each count. If you have priors, they are enhancements under the 3 Strikes rules. If this constitutes a probation violation, factor that new charge in as well. It sounds like you are inexperienced, meaning no prior arrests. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you through plea bargaining, or take it to trial if appropriate. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. In the situation you described, this is probably a case where your attorney can get you simple drug class diversion, without jail.

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Answered on Mar 28th, 2011 at 10:33 PM
Possession of less than an ounce of marijuana is now an infraction. You get a ticket and the max is a hundred dollar fine. The big question is...why are they in the room? Was there something else going on? Minors present?

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Answered on Mar 28th, 2011 at 6:43 PM
Presumably, that individual would be booked and/or cited for any number of offenses including possession of marijuana, possession of a smoking device and any other drug related charges depending on the specific facts of the case. The fact that the arrest took place in a hotel room does not necessarily save the individual from potential criminal charges. That being said, that individual should most certainly contact an experienced criminal defense lawyer to fully discuss the details surrounding their arrest including how it is the police gained access into the room as their may be a Constitutional issue worth exploring. i hope this answer was helpful. Good luck.

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