L
lostbylaw
Guest
What is the name of your state? Ca.
Me and my friend where given a ticket for possesion of marijuana under an ounce.( it was more like .5gram) It was my friends weed and he told the cop that it was his but the cop said that we are both going to share the blame. We are going to court together; does it matter if in court my friend says its his weed and not mine? He is willing to state that the weed was his and not mine.
Also
Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). Possession offenders can avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.
My question is the following since its my first offense with no criminal record, I can take the diversion program so that "upon successful completion of a diversion program the charges are dismissed". Does this mean that once I complete the the drug diversion program (many of my friends tell me its an 8hr class at the local community college) will the charge and thus the conviction of the hs11357(b) be dropped from my record?
I do not want this to be on my record and my confusion aries from the following "Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7."
If the charges are dismissed upon completion of a diversion program would I still have to wait two years so the the possesion can be expunged from my record.
Thanks for any advice
and all the people in californian support S.B.131 so that weed becomes a ticket and not a criminal act!
Me and my friend where given a ticket for possesion of marijuana under an ounce.( it was more like .5gram) It was my friends weed and he told the cop that it was his but the cop said that we are both going to share the blame. We are going to court together; does it matter if in court my friend says its his weed and not mine? He is willing to state that the weed was his and not mine.
Also
Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). Possession offenders can avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.
My question is the following since its my first offense with no criminal record, I can take the diversion program so that "upon successful completion of a diversion program the charges are dismissed". Does this mean that once I complete the the drug diversion program (many of my friends tell me its an 8hr class at the local community college) will the charge and thus the conviction of the hs11357(b) be dropped from my record?
I do not want this to be on my record and my confusion aries from the following "Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7."
If the charges are dismissed upon completion of a diversion program would I still have to wait two years so the the possesion can be expunged from my record.
Thanks for any advice
and all the people in californian support S.B.131 so that weed becomes a ticket and not a criminal act!