Williamson hearings

Cultivating marijuana, in California, is a felony offense, punishable by sixteen months or two or three years in state prison. An exemption to this penalty may apply if one prevails at the conclusion of a Williamson hearing. The defendant’s best chance of doing so is to hire an experienced California criminal defense lawyer who understands just how important this type of hearing is and who knows the appropriate arguments to make to avoid the devastating penalties that are otherwise associated with this offense.

A Williamson hearing is conducted pursuant to California’s Penal Code section 1000. It is a pre-trial process that permits an individual who is accused of cultivating marijuana to challenge the charge and get diversion based only on a “preponderance of the evidence,” which simply means that it was more likely than not that the cultivation was for personal use and not for sale.

Diversion, pursuant to section 1000, is an alternative sentencing option for a first time drug offender. One who has cultivated marijuana for personal use is entitled to diversion, if it is proven that that was, in fact, the case. This option requires that the accused enters a guilty plea to the cultivation charge in exchange for not being immediately sentenced. The accused will then go through a four month diversion treatment program, which is a series of drug education classes. If he or she successfully completes the program and goes without another arrest or conviction for a period of 18 months, the original plea will be dismissed and no conviction will appear on the individual’s record. It should be noted that drug testing will be periodically conducted during the diversion program and a positive test may lead to the termination of diversion and the imposition of a jail or prison sentence on the pled cultivation charge.

The court in People v. Williamson (the case that established the protocol for this type of hearing) pointed out that, although California’s Penal Code section 1000 includes cases where “the marijuana planted, cultivated, harvested, dried, or processed is for personal use," one’s “intended use” is not an element that must be proven in a cultivation charge, which is why it is important for an individual to be able to have a pre-trial hearing to determine intent before undergoing the rigors of a full-blown trial. The court held that determining intent is an issue for the court and not the prosecutor to decide. “Usable quantity” or the amount that one can ultimately use for narcotic purposes is a key issue in proving that the cultivation was for personal use and not for commercial sale, which it why it is so important to have a criminal attorney who has an in-depth understanding of California’s marijuana-related issues and laws.

The knowledgeable and well qualified attorneys at The Kavinoky Law Firm have mastered this area of the law and know the most convincing arguments that will persuade a judge that their client was cultivating for personal use, thereby entitling him to the advantages that diversion provides. They specialize in defending all California marijuana-related charges and are devoted to protecting the rights of their clients charged with these types of offenses. They have several law offices located throughout the state, making it convenient for anyone in need to retain their outstanding legal services. To learn more about a Williamson hearing and for unsurpassed representation, contact them today for a free consultation.