Q: arrested with possession of marijuana under 35 grams in 2014/2015. I have a warrant for failure to appear
I was on probation at the time with 10 day back up. Just want to know if the new law (just a fine) applies to me or will I have to do time
A:
If you were charged with possession of 10 grams or less of marijuana, then there is no possibility of jail time. If it's 35 grams or less (but more than 10 grams), then there is a possibility of 1 year in jail. You can check your terms of probation, but usually it states that if you break any law (doesn't matter if you weren't arrested or if there was no possibility of jail time), any arrest or charge is a violation of probation. That means the judge can revoke your probation and sentence you for the original crime for which you are on probation.
You can call the court clerk to find out the current status of your case, and ask if there was a probation revocation hearing. The court is required to send you a notice of the hearing date, but if you have moved since then and didn't leave a forwarding address, the court is not responsible for your lack of notice of the court date.
You can hire a criminal defense attorney to research your case to find out if your probation was revoked, and to represent you in court for the marijuana possession and the warrant. It's possible that your attorney can get the warrant cancelled without you having to turn yourself in to police or pay the bond, but it just depends on which court the case is being prosecuted in, and it also depends on your criminal history.
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