Client Asking for Deal and Charged with Possession for Sale Results in Hung Jury
Possession of Marijuana for Sale
Hung Jury & Dismissal
In San Mateo County my client was charged with possession of marijuana for sale (Health and Safety Code section 11359, a felony). After running two stop signs at 15 and 20 miles per hour a Brisbane officer attempts to pull my client over. My client allegedly doesn't pull over for one block after the officer activates his emergency lighting equipment. My client then cuts across traffic, pulls over on the wrong side of the road and jumps out of his car. The officer immediately orders him back into the car. The officer smells marijuana and asks my client about it. My client denies possessing marijuana. The officer finds 1 pound of marijuana on the front passenger floor board of my client's car. The marijuana is separated into 4 bags of approximately equal weight. There are 4 different strains of marijuana. My client denies possessing a medical marijuana card. Additionally, my client asks the officer who he has to give up to get out of this. After the officer reads my client his Miranda rights, my client again asks to make a deal. Looking good for the defense, right? So we go to trial. Initially, 9 jurors believe that my client is not guilty. Eventually, the jurors split 6/6 on the issue of guilt. Hung jury!