Although marijuana has been legalized in California for both recreational and medicinal use, the state still prosecutes certain cannabis-related offenses. For example, it is illegal to possess recreational marijuana in California if you are under 21 years old. The state also limits how much marijuana you can carry at a time, regardless of whether it’s recreational or medicinal.
If you or someone you love has been arrested in L.A. County on marijuana-related charges, you may be wondering how this could affect bail. With the legal landscape surrounding marijuana shifting significantly in recent years, it’s now more important than ever that you understand cannabis-related charges and how bail works in California.
Cannabis-Related Crimes in California
California’s Proposition 64, passed in 2016, legalized recreational cannabis use for adults 21 and older. However, despite legalization, certain marijuana-related offenses remain illegal and can lead to arrest.
These include:
- Possession of cannabis with intent to sell: Even though recreational use is legal, selling without a license is not.
- Cultivation without a license: Growing marijuana without proper authorization can lead to criminal charges.
- Possession in prohibited areas: Cannabis use is restricted in certain public spaces and private properties.
- Driving under the influence: Driving impaired by marijuana is treated seriously and can result in DUI charges.
How Does Bail Work After a Marijuana-Related Arrest?
When someone is arrested for a marijuana-related crime in L.A. County, the bail amount and conditions can vary based on the nature and severity of the offense.
Here’s how it typically works:
- Type of Charge: Minor offenses, such as possession of a small amount of cannabis, might result in a relatively low bail amount or even citation and release. More serious charges, like intent to distribute or driving under the influence, could lead to more serious charges and higher bail amounts.
- Criminal History: If the accused has a prior criminal record, especially related to drug offenses, this can influence the bail amount and conditions. A history of repeat offenses might lead to higher bail or stricter conditions.
- Flight Risk and Public Safety: When deciding on bail, the judge also considers whether the accused individual poses a flight risk or threat to public safety. Serious charges might result in higher bail amounts or additional conditions to ensure the accused appears in court.
Note that failing to attend court hearings can lead to forfeiture of the bail amount and additional legal consequences. In other words, if the accused does not appear in court or fails to meet the conditions set forth under bail, the money paid for bail will be forfeited. If you use a bondsman to post bail, the bondsman has the right to sell any property put up as collateral to recoup their losses.
When to Hire a Bail Bondsman
Navigating the bail process can be challenging, particularly if you're unfamiliar with the legal system.
Here are some situations when hiring a bail bondsman might be beneficial:
- High Bail Amount: If the bail amount is substantial and you can’t afford it, a bail bondsman can help by providing a bond for a fee (usually 10% of the total bail). This allows you or your loved one to be released while awaiting court proceedings.
- Complex Legal Situations: If the case involves complex legal issues or multiple charges, a bail bondsman with experience in marijuana-related cases can offer valuable guidance and support. It is also wise to seek legal counsel in these types of situations.
- Speed of Release: If it’s especially important for you or your loved one to be released from jail quickly, a bail bondsman can help expedite this process. This may be the case if you or your loved one needs to go to work, attend classes, or take care of children.
If you or someone you know is facing marijuana-related charges in Los Angeles County, you may want to consider reaching out to a knowledgeable bail bondsman like Dan at Dan's Bail Bonds. He can help explain your options, including whether posting bail is the right choice for your unique situation.