Already in a program to avoid jail... can possession hurt me?

[KaliKann]

California

I was arrested last month for shoplifting, but it was my first offense (I am 21) and after two days in jail I was sent home, provided I complete the Project Intercept program. One of the conditions of staying in the program (and not being sent to jail again) is to not be arrested or charged with anything during the next four months. Anyway:

Two weeks ago a friend and I were in a secluded public area, and had been smoking cannabis. Two bicycle officers arrived, informed us that they had received a call from the neighboring office building about two kids smoking, and had seen me handling a pipe before they arrived. They detained and searched us both. I had nothing on me, and my friend (who was in possession of the pot and pipe and had told the officers so) has a medical marijuana prescrip. After 15 minutes of back and forth intimidation from the officers, my friend had his cannabis returned, but the pipe was confiscated and I was written a ticket for 11357 (B), possession of less than an ounce of marijuana for personal use.

I have a lawyer, but he is a personal friend of mine, and I am hesitant to tell him about the 11357 because of his possible disappointment, and my perception of the incident as being something trivial, though I must admit I'm having nightmares about this screwing up my life.

Questions:

• Was I correctly charged?
• Can I fight this or opt for another program?
• I was not arrested, and my court date is still a month and a half away, should I worry about this affecting my status in Project Intercept seeing as how I have a court date for the shoplifting incident at the end of this month?
• Provided I remain in Project Intercept, would I possibly have to submit myself to drug testing, or would the unrelated natures of the crimes keep them separate?
• It's been a month since the arrest that landed me in Project Intercept, should my heart still race everytime I see a police cruiser?

Thanks in advance for any informational aids offered. Hopefully I provided all the relevant info.

 

[CourtClerk]

California

I was arrested last month for shoplifting, but it was my first offense (I am 21) and after two days in jail I was sent home, provided I complete the Project Intercept program. One of the conditions of staying in the program (and not being sent to jail again) is to not be arrested or charged with anything during the next four months. Anyway:

Two weeks ago a friend and I were in a secluded public area, and had been smoking cannabis. Two bicycle officers arrived, informed us that they had received a call from the neighboring office building about two kids smoking, and had seen me handling a pipe before they arrived. They detained and searched us both. I had nothing on me, and my friend (who was in possession of the pot and pipe and had told the officers so) has a medical marijuana prescrip. After 15 minutes of back and forth intimidation from the officers, my friend had his cannabis returned, but the pipe was confiscated and I was written a ticket for 11357 (B), possession of less than an ounce of marijuana for personal use.

I have a lawyer, but he is a personal friend of mine, and I am hesitant to tell him about the 11357 because of his possible disappointment, and my perception of the incident as being something trivial, though I must admit I'm having nightmares about this screwing up my life.

Questions:

• Was I correctly charged?
  
  Yes you were
• Can I fight this or opt for another program?
  
  You can certainly plead not guilty. If I were on the bench, you wouldn't get another program, you already pissed this one off.
  
• I was not arrested, and my court date is still a month and a half away, should I worry about this affecting my status in Project Intercept seeing as how I have a court date for the shoplifting incident at the end of this month?
  
  You were in fact "arrested" you just weren't taken to the station and booked and all of that good stuff. However, yes, this should certainly affect your status in your current program. I would talk to the people there tomorrow.
  
• Provided I remain in Project Intercept, would I possibly have to submit myself to drug testing, or would the unrelated natures of the crimes keep them separate?
  
  That depends on the program. Staff at that particular program should be able to guide you there, however, I would think that the violations of your terms of probation through the court would subject you to some drug testing.
  
• It's been a month since the arrest that landed me in Project Intercept, should my heart still race everytime I see a police cruiser?

What exactly is your heart racing for? Are you afraid that someone will come up from no where and arrest you? I doubt that will happen so rest your nerves on that one.
Thanks in advance for any informational aids offered. Hopefully I provided all the relevant info.

Although you may be afraid, you really do need to speak to your attorney/friend.

 

[KaliKann]

Thank you. I guess I'll call him.