+ Reply to Thread
Page 1 of 4 123 ... LastLast
Results 1 to 15 of 57

Thread: HS 11357(b)

  1. #1
    DRoseMVP2011 is offline Junior Member
    Join Date
    Apr 2011
    Posts
    17

    HS 11357(b)

    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?
  2. #2
    Antigone* is offline Senior Member
    Join Date
    Dec 2007
    Location
    In honor of JetX ~ Somnambulist University
    Posts
    21,220
    Quote Originally Posted by DRoseMVP2011 View Post
    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."
  3. #3
    DRoseMVP2011 is offline Junior Member
    Join Date
    Apr 2011
    Posts
    17
    Why?

    Also, how can I save my DL?
  4. #4
    dmcc10880 is offline Member
    Join Date
    Mar 2011
    Posts
    870
    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.
  5. #5
    DRoseMVP2011 is offline Junior Member
    Join Date
    Apr 2011
    Posts
    17
    Quote Originally Posted by dmcc10880 View Post
    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.
    [url=http://stopthedrugwar.org/chronicle/2010/oct/01/california_governor_signs_mariju]California Governor Signs Marijuana Decriminalization Bill | StoptheDrugWar.org[/url]

    So is it a crime? Will I have a criminal record? And how do I save my DL?
  6. #6
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,445
    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.
    Last edited by CdwJava; 04-14-2011 at 02:02 PM.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  7. #7
    DRoseMVP2011 is offline Junior Member
    Join Date
    Apr 2011
    Posts
    17
    Quote Originally Posted by CdwJava View Post
    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.
  8. #8
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,445
    Quote Originally Posted by DRoseMVP2011 View Post
    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.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    DRoseMVP2011 is offline Junior Member
    Join Date
    Apr 2011
    Posts
    17
    Quote Originally Posted by CdwJava View Post
    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.
  10. #10
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,445
    Quote Originally Posted by DRoseMVP2011 View Post
    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.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  11. #11
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,942
    Quote Originally Posted by CdwJava View Post
    Harmless? Then you've been reading the propaganda, not the science.
    Reading...?
  12. #12
    dmcc10880 is offline Member
    Join Date
    Mar 2011
    Posts
    870
    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.
  13. #13
    DRoseMVP2011 is offline Junior Member
    Join Date
    Apr 2011
    Posts
    17
    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.....

    Quote Originally Posted by CdwJava View Post
    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.
  14. #14
    I_Got_Banned is offline Senior Member
    Join Date
    Aug 2008
    Location
    Back in LA LA land
    Posts
    2,885
    Quote Originally Posted by DRoseMVP2011 View Post
    I'm extremely confused
    Its not as harmless as you think, is it!!!
  15. #15
    DRoseMVP2011 is offline Junior Member
    Join Date
    Apr 2011
    Posts
    17
    Quote Originally Posted by I_Got_Banned View Post
    Its not as harmless as you think, is it!!!
    I'm completely stone cold sober and have been for some time, and this whole thing STILL doesn't make **** sense to me

Similar Threads

  1. 11357(b) advice
    By infopleasexxx in forum Drug Charges
    Replies: 1
    Last Post: 02-02-2011, 11:46 PM
  2. 11357 (b) hs
    By CindySofi in forum Drug Charges
    Replies: 13
    Last Post: 07-30-2009, 05:53 PM
  3. hs 11357 b Help please
    By krnspwn in forum Drug Charges
    Replies: 1
    Last Post: 09-02-2008, 09:35 AM
  4. hs 11357(b)
    By lostbylaw in forum Drug Charges
    Replies: 3
    Last Post: 08-18-2004, 02:32 PM
  5. Another CA 11357 -
    By Chl0e in forum Drug Charges
    Replies: 1
    Last Post: 06-29-2004, 06:55 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.