Arrested for hash possession in CA. (hs 11357 a)

[Fattire1554]

Last night I was cited and booked for possession of a small amount of hash (less than 2 grams). ATM I'm out on $10,000 bail.

All the research I've done so far points to this being a felony with up to a year in jail and has left me terrified. This is the first time I've been arrested as an adult (I was charged with petty theft as a minor) so I'm hoping the charges can be brought down to a misdemeanor and a fine with some probation and or community service. A felony for such a small amount of hash seems insane to me.

Does anyone have any experience with this kind of case? Any idea about what kind penelties I'm facing? I'm freaking out right now and any help would be much appreciated.

 

[FlyingRon]

What research says it's a felony. It's up to $500/one year. (misdemeanor).

 

[Fattire1554]

There are a couple posts here by people saying they were being charged with a felony and the arresting officer told me it's a felony.

 

[cyjeff]

What is the statute number you are charged with?

 

[FlyingRon]

What is the statute number you are charged with?

Presumably HS 11357(a) as it says in his first post.

 

[CdwJava]

Oer the initial post, the charge is H&S 11357(a) - a wobbler:

11357. (a) Except as authorized by law, every person who possesses
any concentrated cannabis shall be punished by imprisonment in the
county jail for a period of not more than one year or by a fine of
not more than five hundred dollars ($500), or by both such fine and
imprisonment, or shall be punished by imprisonment in the state
prison.​

The term of imprisonment can be up to three years in the state prison if charged as a felony (pursuant to PC 18).

- Carl

 

[Fattire1554]

Hmmmm, ok.

I guess what I'm really after is if anyone has any idea what kind of penalties I'm most likely looking at. How often do these 'wobblers' fall on the felony side of things? As stated before; first time offender with a very, very small amount of hash.

And, Carl, I happen to be in Northern Cal (Butte Co.) so any experience you may have would be greatly appreciated.

 

[CdwJava]

Hmmmm, ok.

I guess what I'm really after is if anyone has any idea what kind of penalties I'm most likely looking at. How often do these 'wobblers' fall on the felony side of things? As stated before; first time offender with a very, very small amount of hash.

And, Carl, I happen to be in Northern Cal (Butte Co.) so any experience you may have would be greatly appreciated.

Realistically, you are looking at probation and counseling, possible weekends or work release, and fines if a first offense.

You should also be eligible for diversion pursuant to PC 1000 (aka Prop 36) which would entail all the above plus the possibility of getting the entire case dismissed if you successfully complete the program.

- Carl

 

[Fattire1554]

Ok, thanks for all the replys.

I hate to bring up an old topic but, I have another question.

On the 6th I went and talked to a lawyer who wanted $2000 for his services. The maximum fine for this charge is $500. If I get the lawyer, go to court and they don't want to send me to jail or charge me with a felony I'm going to be out at least $2500 (which I don't have, I'll have to get a loan) when it could have only cost me $500. If I go to court and they DO want to charge me with a felony, jail time ect. I'm going to really, really want that lawyer there.

My question is this:
Can I go into court and figure out what kind of punishment they want to pursue and then get a lawyer if things fall on the harsher side of things? If all they want to do is slap me with a misdemenor and put me on probation I'll be happy to pay the fine there and put this whole thing behind me. But, if they want to really stick it to me I'm going to get a lawyer. I have this fear that I'll go in there, say "Yes, I did it." and that'll be it, bam, screwed.

I just have no idea what to expect or do once I'm in court. What should I be asking for if I go without a lawyer?

 

[CdwJava]

You really should NOT go without a lawyer. If you cannot afford an attorney, they will provide you with one. At arraignment, the court is not going to tell you what you face aside from the level of the offense (be it a misdemeanor or a felony).

The DA is not likely to even approach you with an offer until after you have obtained legal counsel. So you may not know what deal they might offer until after you have an attorney.

- carl

 

[Fattire1554]

Thanks again, Carl.

 

[ReformedMan]

The other thing to consider is your permanent record. While paying for a lawyer now may be a major inconvenience, they may be able to negotiate to a lesser charge that will not hinder future employment attempts nearly as much. Walking into court without a lawyer is almost never the correct move.