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HS 11357(b)

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DRoseMVP2011

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

Hi everyone,

I was recently charged under CA HS 11357(b) for possession of pot. As far as I knew, pot was decriminalized in California starting Jan 1, 2011. However, now I have recevied a notice that I need to be "prebooked" at the police station, and be fingerprinted, and have a court date. I am under 21, and am afraid that they will suspend my license.

What should I do?
 


Antigone*

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

Hi everyone,

I was recently charged under CA HS 11357(b) for possession of pot. As far as I knew, pot was decriminalized in California starting Jan 1, 2011. However, now I have recevied a notice that I need to be "prebooked" at the police station, and be fingerprinted, and have a court date. I am under 21, and am afraid that they will suspend my license.

What should I do?
Show up with an attorney for your "prebooking."
 

dmcc10880

Member
You've been charged with an infraction that allows a fine of up to $100. It's like a traffic ticket more or less.

Now if you had more than 28.5 grams the stakes get a little higher with up to 6 months in jail or a fine of no more than $500, or both.

CA decriminalized marijuana for medicinal use only.
 

DRoseMVP2011

Junior Member
You've been charged with an infraction that allows a fine of up to $100. It's like a traffic ticket more or less.

Now if you had more than 28.5 grams the stakes get a little higher with up to 6 months in jail or a fine of no more than $500, or both.

CA decriminalized marijuana for medicinal use only.
I believe CA decriminalized all possession under an ounce.
California Governor Signs Marijuana Decriminalization Bill | StoptheDrugWar.org

So is it a crime? Will I have a criminal record? And how do I save my DL?
 

CdwJava

Senior Member
On January 1st, 2011, H&S 11357(b) was changed from a misdemeanor with a $100 fine to an infraction with a $100 fine. Jail time was never on the table even for the misdemeanor.

If you are being asked to go in for pre-booking, I suspect that it is either because you received your citation prior to January 1st, or, the local court system's computers have not yet been changed to reflect the change in the severity of the offense.

And your license should only be an issue if "the use of a motor vehicle was involved in, or incidental to, the commission of the offense."

So is it a crime? Will I have a criminal record? And how do I save my DL?
Infractions and misdemeanors are crimes, technically. If an infraction, no state criminal offender record will be generated. And see above regarding your DL.
 
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DRoseMVP2011

Junior Member
On January 1st, 2011, H&S 11357(b) was changed from a misdemeanor with a $100 fine to an infraction with a $100 fine. Jail time was never on the table even for the misdemeanor.

If you are being asked to go in for pre-booking, I suspect that it is either because you received your citation prior to January 1st, or, the local court system's computers have not yet been changed to reflect the change in the severity of the offense.
Received my citation March 20th.
 

CdwJava

Senior Member
Received my citation March 20th.
Then it should be an infraction and there should be no need for pre-booking. But, I would not ignore the order if it came from the court. You might want to consult an attorney just to be on the safe side, because I suspect that you would not like to have a record of even the arrest if you can avoid it.

Oh, and the best way to avoid this problem in the future is not to smoke dope. You don't need it.
 

DRoseMVP2011

Junior Member
Then it should be an infraction and there should be no need for pre-booking. But, I would not ignore the order if it came from the court. You might want to consult an attorney just to be on the safe side, because I suspect that you would not like to have a record of even the arrest if you can avoid it.

Oh, and the best way to avoid this problem in the future is not to smoke dope. You don't need it.
Yeah I know I don't need it but it's harmless. Shouldn't be a crime in my opinion.

The order for prebooking came from the police department.
 

CdwJava

Senior Member
Yeah I know I don't need it but it's harmless. Shouldn't be a crime in my opinion.
Harmless? Then you've been reading the propaganda, not the science.

The order for prebooking came from the police department.
Then it is likely their computer systems that are fouled up. You can always call them and ask them why you need to be pre-booked on an infraction, but they will probably tell you that you have to and no one will know why you do not have to be. If they cannot give you a good answer you might want to consult an attorney if you do not want to have your name entered into a state or local criminal offender record.
 

dmcc10880

Member
Thanks CDW for your insight.

OP... if you call the PD as CDW posted you may refer to the following when stating why you do not need to come in for pre-booking. Signed into law by Ahnahld on 9/30/2010.

SB 1449, Marijuana: possession.

(2) an arrested person who gives
satisfactory evidence of identity and a written promise to appear in
court shall not be subjected to booking.
 

DRoseMVP2011

Junior Member
Ehh I don't want to get into this debate.

So I don't have to be prebooked but what should I say in court? I'd really like to keep this off the record, and I'm extremely confused as to whether or not it goes on the record. Because its still a crime, but its the level of a speeding ticket.....

Harmless? Then you've been reading the propaganda, not the science.


Then it is likely their computer systems that are fouled up. You can always call them and ask them why you need to be pre-booked on an infraction, but they will probably tell you that you have to and no one will know why you do not have to be. If they cannot give you a good answer you might want to consult an attorney if you do not want to have your name entered into a state or local criminal offender record.
 

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