11357 (b) hs

[CindySofi]

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

Last night I was parked (keys not in ignition) and was caught smoking marijuana. I was issued a Notice to Appear. I think I'm still on probation for exhibition of speed (Sept 07) and was wondering if I'm in violation of probation? And if so what the possible consequences would be? Should I get a lawyer or should I just go and get a medical marijuana card and see how it goes on my court date... Should I plead no contest??? Help!!! Not sure what to do.

 

[Zigner]

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

Last night I was parked (keys not in ignition) and was caught smoking marijuana. I was issued a Notice to Appear. I think I'm still on probation for exhibition of speed (Sept 07) and was wondering if I'm in violation of probation? And if so what the possible consequences would be? Should I get a lawyer or should I just go and get a medical marijuana card and see how it goes on my court date... Should I plead no contest??? Help!!! Not sure what to do.

So, you don't actually have a medical need for MJ - you just want to abuse the system, right?

 

[CindySofi]

Actually, I do suffer from both insomnia and chronic back pain.. So technically I do have use for it, just never got around to actually getting the card. But what about some real legal advice instead of just trying to judge me!!

 

[41tellthetruth]

legal advice

plead guilty****************************.....

 

[Zigner]

Actually, I do suffer from both insomnia and chronic back pain.. So technically I do have use for it, just never got around to actually getting the card. But what about some real legal advice instead of just trying to judge me!!

Get off the dope...

(how's that?)

 

[Antigone*]

plead guilty****************************.....

now...now... 41, she is entitled to a defense. This can definitely affect your probation. You need to speak to an attorney. We can't offer much more help than that. I'm sure Carl will be around shortly, he should be able to give you ball-park figures when it comes to consequenses.

Oh yea...and get of the dope!!!

 

[CindySofi]

Wow.... thanks didn't realize I'd get such awesome advice... I'll get right on getting off the dope... Thanks for nothing.. I'll just seek REAL legal advice...

 

[CindySofi]

oh and that's right take advantage and abuse the system..

 

[CdwJava]

Last night I was parked (keys not in ignition) and was caught smoking marijuana. I was issued a Notice to Appear. I think I'm still on probation for exhibition of speed (Sept 07) and was wondering if I'm in violation of probation?

Technically, yes. Will the court violate you? Probably not ... but, that depends on the court.

Should I get a lawyer or should I just go and get a medical marijuana card and see how it goes on my court date... Should I plead no contest??? Help!!! Not sure what to do.

Getting a medical marijuana card after the fact will be of little use. If you intend to use marijuana as a medicine (and I doubt you were smoking it in your car for insomnia or back pain at the time, so, yes, it will be a dodge) then you need to get not only the physician's recommendation, but the state-issued DHS card as that will prevent future problems ... so long as you are not smoking it in the car.

- Carl

 

[CindySofi]

Thank you Carl. I'm just going to go to the courthouse on Friday and see what I'm going to need to do. I don't have any priors and my violation I was on probation for exhibition of speed back in November 2007. I've never had a drug charge before so I think I might be able to take a drug diversion class and hopefully have it expunged.

 

[CdwJava]

Diversion should be available pursuant to Prop 36 and PC 1000. However, that will also mean NO medical marijuana, either - unless the court approves. And the chances of the court approving it when you were popped for possession of marijuana is a little slim.

- Carl

 

[CindySofi]

Thank you Carl.

I did read about PC 1000 and that is why I decided to try and have it expunged. So, if I do the diversion class and have this expunged I will not be allowed to obtain a Medical Marijuana card, unless I have it approved by the court?

Again, thank you so much for your help and advice.

 

[CdwJava]

Expungement and diversion are different issues. If you complete diversion, the matter is dismissed. If you are convicted and accept your punishment, you can apply for expungement when probation is over. However, note that records of 11357(b) H&S are automatically purged after 2 years anyway, so the need for an expungement may not be necessary.

But, while you are on diversion or on probation, do not expect to be allowed a DHS medical marijuana card.

- Carl

 

[CindySofi]

Thank you, thank you

Thank you for being so helpful Carl. When you say dismissed, do you mean the record is sealed or it's as if it didn't happen??