11357(b) advice

[infopleasexxx]

What is the name of your state (only U.S. law)? CA

Son - 19yrs old gets a 11357(b) Dec 2010. From what I've been reading this is a misdemeanor since he was two weeks shy of 1/1/2011 when possession of marijuana changed to an infraction.

What is going to happen when he goes to court? I've been reading on line about 11357(b) and it sounds like you can bring an attorney, but is it that serious? Is it just the judge or is some other official there like a DA there?

I don't want a misdemeanor on my son's record. I've been reading that you can ask or you will be asked if you want to go to a deversion program. Does the deversion program keep it off his record or he will still need to wait 2 years for it to be erased on its own. Also, what about losing your driver license because he is under 21? Is that automatic? Does the judge decide on the DL or the DMV?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Cali408nia]

I've been through this before in CA under the age of 21. At the arraignment the judge will most likely offer the diversion program if it's his first offense. Depending on the county, it's usually a one day class and the cost of the class is less than the fine would be. It's a win-win. The diversion is not a guilty plea, therefore it's not a conviction. In that sense, it does keep it off his record, as he only has to admit to crimes he's been convicted of. However, it will still show up as an arrest on his record if the police or courts ever question him. It will not be a misdemeanor conviction or anything that he needs to disclose when applying for a job if he successfully completes the diversion program. The diversion program drops the conviction charges so there's no worries about finding a job AND the DMV only cares about convictions. You really really want the diversion program, and there's no reason why he shouldn't be offered one unless he has some sort of past run ins with the law.