1st time marijuana misdemeanor, confused!

[1timeoffender]

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

I am a 20 y.o. male. from the Bay Area in California and I was recently cited for possession of less than 28.5 grams of marijuana. The police documented my possession pretty well. I am pretty nervous and have several questions...
I was wondering what the repercussions are for this and what I should do? Do I need to hire a lawyer? If I am charged with a misdemeanor will it stay on my record permanently? How can I avoid this? Should I sign up for any anti-drug classes?

Any advice would be greatly appreciated as I have no idea where to go from here!

Thanks so much!

 

[JETX]

I was wondering what the repercussions are for this and what I should do?

Don't you think you are a little late to be considering the repercussions of you decision to break the law??

Do I need to hire a lawyer?

Yes.

If I am charged with a misdemeanor will it stay on my record permanently?

Unless expunged or deferred, yes.

How can I avoid this?

By not breaking the law.

Should I sign up for any anti-drug classes?

Ask your attorney, but it might help you in your future decisions-making skills.

 

[Peligroso27]

Every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

Every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

Were you charged with less than 28.5 grams or more?

This didn't look right, wrong bookmark. Please disregard.

 

[JETX]

Were you charged with less than 28.5 grams or more?

Ignore this stinking pile of Pelosi!!!

He apparently doesn't know the REAL law as he quoted from a pro-marijuana website that ignores the rest of the specific California Code.
Here is where this dweeb got the information:
Compassionate Use Act

And here is what he 'forgot' to mention:
(b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana."
CA Codes (hsc:11357-11362.9)

There is NOTHING in the OP post to even suggest this marijuana was for MEDICINAL USE!!


:

 

[cyjeff]

Agreed.

Well, not the insult...

But the quote was from bill 215... which doesn't apply here.

Get an attorney.

 

[1timeoffender]

I understand that I was breaking the law. Aside from the obvious that I shouldn't do this again, I am still confused.
Yes it was under 28.5 ounces. I was just looking for some legal advice seeing as I have never been in this situation before. The security guard who cited me said it was very possible that the misdemeanor would be off my record in a year but was not clear about what process I should follow.
I've also read that in most cases it is not necessary to get a lawyer but obviously I will hire one if need be.

 

[cyjeff]

I understand that I was breaking the law. Aside from the obvious that I shouldn't do this again, I am still confused.
Yes it was under 28.5 ounces. I was just looking for some legal advice seeing as I have never been in this situation before. The security guard who cited me said it was very possible that the misdemeanor would be off my record in a year but was not clear about what process I should follow.
I've also read that in most cases it is not necessary to get a lawyer but obviously I will hire one if need be.

The guard was talking about a process called diversion where first time offenders get a "do over" as long as they do all of their court ordered tasks.

This is something you should ask your lawyer about.

You could do this without an attorney, but considering the very strong likelihood of this showing up on future background checks, you want to do it right.

 

[garrula lingua]

Most Prosecutors will do their own type of 'diversion program' (usually about 12 aa or n(arcotic) a(nonymous) meetings & come back with proof & will reduce to a 'disturbing the peace' infraction or will dismiss.

If you get a Prosecutor who will offer classes, grab that offer.

ONLY the Prosecutor can offer to reduce or dismiss, so forget about begging to the Judge.

You are under 21, so a conviction of this type can also affect your driver's license, so grab any diversion offer (PC 1000 is an 18 month program & pretty expensive, with several court appearances; hope for a sympathetic Prosecutor who doesn't want a young person branded).

If you have a squeaky clean background, point that out to the Prosecutor and ask for a chance to keep your record clean - by doing drug classes or community service, or whatever workable resolution the Prosecutor comes up with. Remember, the Prosecutor does NOT have to make an offer.
This offense does not carry any potential jail or probation, only a $100 fine, but it can sure screw up your future chances of employment. If you have prior misdemeanor convictions, then it probably won't make a difference to your future.

 

[garrula lingua]

BTW, security guards don't issue misdemeanor citations.

Safety/peace officers only have that power.

Were you charged under a municipal ordinance ?
Were you cited at a school by a school cop, or were you cited by a Sheriff's Deputy or Officer ?

 

[1timeoffender]

thanks garrula lingua. i was cited by a school cop on a school campus. my record is completely clean. what is a municipal ordinance? i know which court i will eventually have to appear at... should i contact them to ask for class recommendations or should i wait until i get the paperwork in about 3 weeks?

 

[SIN EATER]

Don't take it for granted that classes will be offered.

It's entirely up to the Prosecutor to reduce or dismiss charges - don't presume s/he will, or you may be disappointed. Be prepared to respectfully beg for a reduction/dismissal.
Just ask the Prosecutor if there is ANYTHING you can do to keep your good record clean. Bring your school records with you, as well as any proof that you volunteer in the community.

You can't argue if the Prosecutor doesn't offer an alternative solution.
Sometimes, at a second court appearance, there is a different Prosecutor and possibly a different offer.

If you get a Prosecutor who is determined to allow a conviction as charged, get a continuance to hire an attorney.

Talk to the bailiff in court (if you can, when it's quiet), and ask for some names of attorneys who are good negotiators with the Prosecutor regarding your charge (was it 11357(a) ?) The bailiff is not allowed to refer a specific atty, but s/he may give you several names of local defense attorneys ... court clerks will also, sometimes, give out several attorney names.

Also, when you are in court, watch the attys who are appearing - you may get an idea which ones get along with the Prosecutor (if, indeed you want a negotiated resolution); ask them what they may be able to do for you and how much they'll charge.

If you qualify, the PD will cost about 95. for representing you.

When you spoke with an atty, I hope you asked about the initial contact with the cop and all the facts (ie, there was probable cause & the case is not advisable to try).

You always have the right to a trial.
Some courts allow DEJ/PC 1000 for mj, but it's very expensive ... hopefully you'll get 'Prosecutor deviation', but it's entirely up to the Prosecutor (Judges can try to pressure the Prosecutor, but Judges can't order anything other than DEJ, which is a last, last resort).

 

[1timeoffender]

i was charged with a 11357 (b)...

 

[Peligroso27]

HS 11357 B Possession of Under an Ounce of Marijuana

Health & Safety Code 11357 (B) HS makes it a misdemeanor-and therefore a crime-to possess marijuana (even in a small amount of less than an ounce, that is less than 28.5 grams). However, the maximum sentence for a HS 11357 B violation is a $100 fine plus court surcharges. No jail time or probation may be imposed.

The concern of most people charged with HS 11357 (B) is simply the stigma of having it on their criminal record. But there are a number of ways of avoiding conviction. Proposition 36, Deferred Entry of Judgment and Drug Court are possibilities.

In my experience, however, most judges and prosecutors are willing to arrange an "informal diversion" to 11357(B) HS charges. Under this arrangement, for example, you might attend a few meetings of narcotics anonymous, or do a few days of community service, and the case will be dropped. No criminal conviction is recorded, and no criminal record is created.

Sorry about my inaccuracies in my earlier post, too much egg nog last night.

 

[Peligroso27]

Ignore this stinking pile of Pelosi!!!

He apparently doesn't know the REAL law as he quoted from a pro-marijuana website that ignores the rest of the specific California Code.
Here is where this dweeb got the information:
Compassionate Use Act

And here is what he 'forgot' to mention:
(b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana."
CA Codes (hsc:11357-11362.9)

There is NOTHING in the OP post to even suggest this marijuana was for MEDICINAL USE!!


:

You really showed class and tact with this post. Great job.

 

[JETX]

You really showed class and tact with this post. Great job.

Thank you. I take a great amount of satisfaction in exposing incorrect posts and ignorance on this LEGAL ADVICE forum.