HS 11357B Possession of Marijuana (CA)

[Jinxed123]

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

First of all, I really appreciate any response I can get on this matter since I am not familiar with situations like this.

I got puller over for obstructed/tinted windows (factory tinted btw) but they he asks if I have anything illegal in the car, and without lying I said no, but he told me that he'll will search anyways... He asks for license and registration, and the thing is, my brother had my wallet in his car and he had forgotten his in mine and I dont know if I could get in trouble for not having a license present so I gave them my brothers ( we look alike ). The officer comes back and searches the car while I am awaiting with other officers. The officer found a nug of weed in the car ( even less then a gram ) and charger me (my brother!) for possesion of marijuana. Now I told my brother and he is obviously furious in this matter but my question is, if I told them what I did and used my brothers ID, what charges other than getting the citation can I get? fraud, jail time? My brother loves me and says if I face higher charges, he'll take the blame. But how can I go about getting this off his record? I am aware that technically it will always remain in the database but at least get it off his public record.

I know/read that he can plea guilty under the section code 1000 and ask for a diversion class, and after that class is successfully completed, it'll will clear his record. However, would I need an attorney for it, since I know court doesnt play bargain with regular folks. I honestly not aware of anything here in the states, on how the system works. I mover from Europe two years ago and I really dont want to ruin anything (more than I have).

How would I go about doing this, and what charges will I face if I decide to take the blame myself, since I dont think its fair at all for my brother to get the blame for my mistake.

Thank you so much for any help you provide.

p.s we both have a clean record, he only have gotten a speeding ticket, and same with me but mine was a excessive speeding.

 

[SIN EATER]

You may get a sympathetic Prosecutor who will make a deal such as 12 narcotic anonymous meetings and will dismiss or reduce the charge to an infraction.
You will only know your options when you are arraigned and the Prosecutor makes an offer.

Otherwise, you can do DEJ (PC 1000). I suggest you do the classes and the court appearances.

Normally, you would not need a lawyer, but in your circumstances, you need an attorney.
You can cause your brother to be deported.

I don't believe your excuse for a second - you knew you were getting your brother in trouble.

If he is later stopped on this charge for any reason, and an investigator is assigned, they will easily discover it was you who got stopped and gave your bro's info to the police.

What you did is a felony - ID Theft.
You will have compounded it by misrepresenting to the court that you are your bro'.

You messed up.
Clean it up.

 

[Jinxed123]

In my circumstances as far as what? I do have greencard, but not yet citizenship.

and no I would of course not get my brother in trouble on purpose, I would of much rather taken the blame, because as exactly you're saying I SCREWED UP and with no intentions at all did I want him to get in trouble. I was not aware of what was in the car and didnt expect a search, also the Marijuana was not sealed or in a bag, it was just a nug on the side of the passenger side, something that just dropped. If I even knew it was there I wouldnt drive the car without removing it. I only assumed I would get a fix it ticket and would of gone along with my day. I dont see why I rather much gotten him in trouble, doesnt make sense, since I didnt make the situation any better. But the fact if you believe it or not doesnt really matter now I guess but I do appreciate your response, thank you.

What is the difference between a lawyer and attorney?

what does this mean? "You will have compounded it by misrepresenting to the court that you are your bro'."
Meaning if I tell the judge what happen, I'll be charged with the felony of ID Theft?

 

[outonbail]

A simple possession of marijuana citation in California, isn't something to lose much sleep over. It comes with a $100.00 fine and is dropped off your record in I believe two years.

Or in this case, it drops off your brothers record in two years.

This is what will happen if you just go pay the fine and don't try to explain how you signed your brothers name on the citation by accident.
Was the vehicle registered and insured under your name or your brothers?

If the vehicle was in your name then the officer must have asked you if your brother knew you were driving his vehicle.

However, if the vehicle is in your name and you and your brother were each to appear in court, it may be possible for you to accept responsibility for the marijuana and ask the DA to drop the charge against your brother, since he didn't have any knowledge that the marijuana was there. Ask him if he can charge you in exchange for your guilty plea so you can pay the fine since it was you that inadvertently dropped the marijuana in the car and not your brother..

I don't know if the DA will agree to do this or not, but it is worth a try. Of course you (or your brother) are charged with possession, not ownership. However possession does require knowledge, which you are willing to testify that your brother didn't have, so the DA may agree, as long as someone is taking responsibility and paying the fine without fighting the charge.

Now what I've posted above is the truth, so I'm not suggesting that you lie about who was driving or in the car when it was stopped. I think it would be best to not even bring that information into the conversation.

But what you say and who accepts the charge is between you and your brother.

Next time, don't consent to a search of your vehicle, whether you believe there is anything in it or not. The officer needs probable cause to search your vehicle without your permission.

Searching a vehicle is not going to provide the officer with any more evidence of the tinted window offense, so you should have told him that you do not consent to a search.

 

[Jinxed123]

A simple possession of marijuana citation in California, isn't something to lose much sleep over. It comes with a $100.00 fine and is dropped off your record in I believe two years.

Or in this case, it drops off your brothers record in two years.

so in two years he can legally say he never been arrested, or when they do a background check it wont show up on the record?

Was the vehicle registered and insured under your name or your brothers?

If the vehicle was in your name then the officer must have asked you if your brother knew you were driving his vehicle.

However, if the vehicle is in your name and you and your brother were each to appear in court, it may be possible for you to accept responsibility for the marijuana and ask the DA to drop the charge against your brother, since he didn't have any knowledge that the marijuana was there. Ask him if he can charge you in exchange for your guilty plea so you can pay the fine since it was you that inadvertently dropped the marijuana in the car and not your brother..

I don't know if the DA will agree to do this or not, but it is worth a try. Of course you (or your brother) are charged with possession, not ownership. However possession does require knowledge, which you are willing to testify that your brother didn't have, so the DA may agree, as long as someone is taking responsibility and paying the fine without fighting the charge.

Now what I've posted above is the truth, so I'm not suggesting that you lie about who was driving or in the car when it was stopped. I think it would be best to not even bring that information into the conversation.

I thought about that too but unfortunately the car is registered under his name. I really appreciate the effort and the thought of helping me. thank you.

Next time, don't consent to a search of your vehicle, whether you believe there is anything in it or not. The officer needs probable cause to search your vehicle without your permission.

Searching a vehicle is not going to provide the officer with any more evidence of the tinted window offense, so you should have told him that you do not consent to a search.

I didnt consent a search at all, thats why I dont understand why he decided to search. I do drive a sport coupe car, but its descrete and not "riced out". got pulled over for factory tinted window after a stop. I also dont dress or act like a "gangsta" or what not. When I got pulled over, before he whent back to his car he asked if i had anything illegal in the veichle, and I honestly wasnt lying when I said no, then he told me that he is going to search anyways and walked away and told me to stay put in my car. Even if I knew I had it in the car, at this point I could of just stashed it somewhere else then were it was very obvious, I could of even swallowed that thing. But he just came back and asked me to step out of the veichle once other officers showed up at the spot and he started searching, and finally found that little piece. It was obvious that I was not trying hide it or even store it. Because it was just laying like trash on the groung, no bag, no container, nothing. it was smaller than the button of your shirt. Thats why I thought it was harsh. I had friends that got pulled over with a medicine container full of weed and got to go without a single charge, and here I am with almost nothing and getting charged... no excuse however, but not my luck I guess.

So back to the OP. The actions I need to take now is just to wait for my given court date? and from there, what am I suppose to do?

 

[outonbail]

I didnt consent a search at all, thats why I dont understand why he decided to search.

Did you inform him that you do not consent to the search?

I do drive a sport coupe car, but its descrete and not "riced out". got pulled over for factory tinted window after a stop. I also dont dress or act like a "gangsta" or what not. When I got pulled over, before he whent back to his car he asked if i had anything illegal in the veichle, and I honestly wasnt lying when I said no, then he told me that he is going to search anyways and walked away and told me to stay put in my car.

If the officer believed your window tinting was too dark and in violation of the law then the stop was legal. Whether your car is "riced out", or how you look and dress doesn't change the law or justify a warrant-less search by the officer. What you look like is not probable cause to search your vehicle.

Even if I knew I had it in the car, at this point I could of just stashed it somewhere else then were it was very obvious, I could of even swallowed that thing.

This would be a big mistake. Moving around in your vehicle and reaching down to the floor while you are being stopped or once you have been pulled over by a police officer, is a dangerous thing to do and you will probably be looking down the barrel of a gun if you do this.
It also gives the officer the probable cause to look in your vehicle so they can see what it is you're reaching for and/or attempting to hide.

But he just came back and asked me to step out of the veichle once other officers showed up at the spot and he started searching, and finally found that little piece. It was obvious that I was not trying hide it or even store it. Because it was just laying like trash on the groung, no bag, no container, nothing. it was smaller than the button of your shirt. Thats why I thought it was harsh.

Next time you are asked to step out of your vehicle, lock it as you do. If the officer asks you for the key to open the vehicle, tell him you do not consent to a search. If he demands the key, give it to him with the understanding that you are not consenting to his/her search of your vehicle.
As far as the quantity the officer discovered, it only has to be a usable amount. One hit is a usable amount.

I had friends that got pulled over with a medicine container full of weed and got to go without a single charge, and here I am with almost nothing and getting charged... no excuse however, but not my luck I guess.

Irrelevant and just to keep things straight, it's not your luck, it's your brothers record that will be tarnished.

So back to the OP. The actions I need to take now is just to wait for my given court date? and from there, what am I suppose to do?

I can't make that decision, it's entirely up to you and more so, your brother.

Like I said, the possession of MJ isn't really a big deal, unless your brother is applying for a job which he will not be eligible for, with a possession of marijuana conviction on his record. Such as a police officer, school teacher etc. At least for the next two years this will show up on his record. I don't know if it will affect his insurance rates any or not.

You can always plead not guilty and see if an attorney can get the evidence suppressed on the grounds of an illegal search.

Of course you will then be found guilty of the false identification to a police officer, which carries a stiffer penalty than the possession.

I suggest you ask yourself if you think it's fair for your brother to have this charge on his record for the next couple of years, because you lied to the police. Then decide what to do from there.

Here's the charge you will be facing if and when the courts discover you identified yourself as being your brother:

148.9. (a) Any person who falsely represents or identifies himself
or herself as another person or as a fictitious person to any peace
officer listed in Section 830.1 or 830.2, or subdivision (a) of
Section 830.33, upon a lawful detention or arrest of the person,
either to evade the process of the court, or to evade the proper
identification of the person by the investigating officer is guilty
of a misdemeanor.
(b) Any person who falsely represents or identifies himself or
herself as another person or as a fictitious person to any other
peace officer defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, upon lawful detention or arrest of the person,
either to evade the process of the court, or to evade the proper
identification of the person by the arresting officer is guilty of a
misdemeanor if (1) the false information is given while the peace
officer is engaged in the performance of his or her duties as a peace
officer and (2) the person providing the false information knows or
should have known that the person receiving the information is a
peace officer.

 

[OldandTired]

All I can say is you better pray to your higher power that they never learn you presented your brother's I.D. on this. It is a felony, when faced with a criminal complaint, to represent yourself as someone else.

You will most likely be deported. Not based on the marijuana, but on the I.D. You will not ever get citizenship if they ever learn you've done this.

The department of immigration will view this as though you want to conceal your identity, so therefore, you could potentially pose a risk to the general public in the future.

You need to do the right thing here. You need to make the officer aware that you presented false I.D. before they go after your brother. Pack your bags now, and head on back home. No sense in trying to find a loophole here. There aren't any.

 

[Jinxed123]

thank you very much for all your responses. they have been really helpful and informative.

I dont care what charges I will face. Its my fault and not my brothers, and if its a felony, so shall it be.

I do however wish I knew what you told me before the search outonbail, lesson learnt I assume, since I really didnt mind them searching in the first place however I did not consent it.

and yes I am aware that it is very stupid and dangerous to move around in the car, however my car is so compact and the way it is shaped, you cant see much through the rear windshield. But what I meant by saying that, was that I honestly didnt know I was in possession of it at all. Wrong way of phrasing it, sorry.

Will I still be deployed (I do have greencard) if I admit fault and saying it was me instead of my brother? I understand that its a misdemeannor and a felony due to the citation. But what am I facing now, deployment, time, fine?