01
Right to Remain Silent
You have the constitutional right to remain silent. You are not required to answer questions from police beyond providing basic identification. Anything you say can be used against you in court.
Publications
Writing
Books and resources from Bruce Margolin
New Release
Down for the Cause
Bruce Margolin's memoir covering his career as the "dean of cannabis law" and as an ardent advocate for the decriminalization and legalization of marijuana. From defending Dr. Timothy Leary to founding the Los Angeles chapter of NORML, this book is a slice of history seen through one man's passionate fight for reform.
Get on Amazon 2013 Edition
The Margolin Guide to Marijuana Laws
The definitive resource for understanding marijuana laws, used by attorneys, law enforcement, judges, and cannabis advocates nationwide. This comprehensive guide covers California cannabis regulations, your rights during police encounters, and defense strategies.
Download Free PDFKnow Your Rights
Essential information for interacting with law enforcement
02
Right to an Attorney
You have the right to an attorney. If you cannot afford one, a public defender will be appointed. Always request an attorney before answering any questions during an arrest.
03
Search & Seizure
Police generally need a warrant or your consent to search your home or vehicle. You can politely refuse consent to a search. Say clearly: "I do not consent to this search."
04
During an Arrest
Stay calm and keep your hands visible. Do not resist arrest, even if you believe it's unjust. State clearly that you wish to remain silent and want an attorney. Remember badge numbers and details.
Legal Topics
Understanding California criminal law
California Marijuana Laws
With Proposition 64, California legalized recreational marijuana for adults 21 and over. However, many activities remain illegal, including:
- Possession over 1 oz (28.5g) without proper licensing
- Sale without a license
- Consumption in public or while driving
- Providing to minors
Medical Marijuana (SB 420)
California's Medical Marijuana Program Act provides protections for qualified patients:
- Valid physician recommendation required
- State ID card provides additional protections
- Allows cultivation for personal medical use
- Quantity limits may apply by county
DUI Laws in California
California has strict DUI laws with severe penalties:
- BAC limit of 0.08% (0.04% for commercial)
- DUI applies to marijuana and other drugs
- Implied consent for chemical testing
- Penalties increase with prior offenses
Expungement
Many criminal convictions can be expunged (dismissed) under California law:
- Misdemeanors and some felonies eligible
- Must have completed probation successfully
- Helps with employment and housing applications
- Cannabis convictions may qualify for early relief
Frequently Asked Questions
What should I do if I'm pulled over and the officer smells marijuana?
Remain calm and polite. Provide your license, registration, and insurance when asked. You have the right to remain silent about any marijuana use or possession. Do not consent to a search of your vehicle. If asked to step out, comply, but clearly state that you do not consent to any searches. Contact an attorney as soon as possible if arrested.
How much marijuana can I legally possess in California?
Adults 21 and over can legally possess up to 1 ounce (28.5 grams) of marijuana flower or up to 8 grams of concentrated cannabis. At home, you can possess the harvest from up to 6 plants. Medical marijuana patients may possess larger amounts with a valid recommendation.
Can I get my marijuana conviction expunged?
Yes, many marijuana convictions can be expunged or reduced under Proposition 64. Even convictions from before legalization may qualify for resentencing or dismissal. Contact our office for a free consultation to review your specific case and determine your eligibility.
What's the difference between a misdemeanor and felony drug charge?
Misdemeanors are less serious offenses with maximum jail time of one year in county jail. Felonies are more serious, with potential state prison sentences. The classification depends on the type of drug, quantity, and intent (possession vs. sale). Many drug crimes can be "wobblers" charged as either, depending on circumstances.
Should I talk to the police without a lawyer?
No. While you should be polite and provide identification, you should never discuss the details of any alleged crime without an attorney present. Politely state: "I would like to speak with an attorney before answering any questions." This is your constitutional right and cannot be used against you.
Need Legal Help?
If you're facing criminal charges, don't navigate the legal system alone. Contact us for a free consultation.