marijuana possession charges in santa clara county

[needshelp408]

I was smoking marijuana with some friends in my car, when they left i drove towards home. I got pulled over for making an illegal left hand turn out of a parking lot and was quickly pulled over.
Car really smelt like marijuana and there was no denying that. i told the officer that i had previously smoked in the car several days ago and must still smell from that, to avoid a DUI. He believed me, but after another nearby officer came and smelled the car as well, and he then told me that he has to search the car and to step out. i assumed the fact that both officers could smell the marijuana that they had more than probable cause (was i right?) so i complied politely and they searched the vehicle. inside they found 0.5 grams of marijuana and a small empty bag with a small stem inside. he took the bag and the marijuana with him, and my ID (is he allowed to do that?) he cited me for misdemeanor marijuana possession but not the illegal left turn, even though the other officer advised him to just let me go.
I am currently a JC studdent in the process of tranferring to USC or one of the UC's. I am 19 years old, have have no criminal record, couple parking tickets, and a stop sign violation.
My questions are, is possession of 0.5g in Santa Clara county a serious crime? what kind of consequences am i looking to face? what are the odds of getting the charges dropped? do i need a lawyer, or public fine?
if charges arent dropped, how will this affect my admission process? would i have to put this down in my job apps?

i am a good kid, just live in an area where marijuana is the norm, and i indulge in it sometimes. id like to this in a way which would not involve my family finding out.
i appreciate you taking the time to read this. any input or advice at all would be greatly appreciate.

thank you

 

[CdwJava]

My questions are, is possession of 0.5g in Santa Clara county a serious crime?

H&S 11357(b) is a misdemeanor punishable only be a fine. Further, it is an offense eligible for diversion, and will automatically be purged after 2 years - the only crime in CA that is destroyed this way.

In other words, this is not a big deal. But, for a while you will have to admit to the conviction if asked.

if charges arent dropped, how will this affect my admission process? would i have to put this down in my job apps?

If you successfully complete diversion, generally not.

i am a good kid, just live in an area where marijuana is the norm, and i indulge in it sometimes.

Either stop indulging or expect more violations. You have a choice. If rape and shoplifting were the norm in your neighborhood, would you engage in those crimes?

id like to this in a way which would not involve my family finding out.

If you're an adult they probably won't unless you tell them.

- Carl

 

[needshelp408]

thanks carl, i really appreciate your help.
could you give me more info regarding diversion?

 

[CdwJava]

thanks carl, i really appreciate your help.
could you give me more info regarding diversion?

I don't know the specifics in your area, but any attorney you obtain should know how to access it via whatever program the courts offer or what is called "Prop 36".

- Carl

 

[yepthisismy?]

Rape and stealing are not comprable to smoking a join t at 19. 66% of Ca residents including the governor want it legal for recrational use. As well as have the government profit for it.
Kid get a medical card and don't drive loaded.
Carl you provide a lot of really good advice, and share your knowledge and experience in a admirable way. At leasr from what I've seen. But Pot and rape??? I could see if u stressing that driving high was unsafe and dangerous.

 

[yepthisismy?]

Also if you can skip the public defender if you can u will either qualify for prop 36 ---worst case PAy a fine that will be less than the cost of a public defender.

 

[CdwJava]

Rape and stealing are not comprable to smoking a join t at 19. 66% of Ca residents including the governor want it legal for recrational use. As well as have the government profit for it.

No one said they WERE comparable.

And, for the record, and according to Reuters, on May 6th the governor supported the idea of A DEBATE concerning the legalization but said he did not think it was time to do so. Further, the article indicated that 56% of voters supported legalization and taxation ... not sure of the story's source for that number, but it is still not 66%.

But Pot and rape??? I could see if u stressing that driving high was unsafe and dangerous.

The analogy had to do with the statement concerning "norms" in the OP's neighborhood, not in establishing any comparable relationship between theft, rape, and shoplifting. The analogy being that one cannot simply excuse criminal activity because it is the "norm" where the person lives.

- Carl

 

[gabrieldorman]

While formal drug diversion will most likely be an option for you, I would first try to resolve this case by way of an informal diversion.

Formal drug diversion takes a minimum of 18 months to complete ...you are required to plead guilty ...then, the first 6 months are spent attending drug education classes, counseling and drug testing. Then you have to stay out of trouble (which includes staying clean) for the next 12 months. If successful, your plea will be withdrawn and the case dismissed.

Prop. 36 is a more intense drug diversion program meant for situations other than the one you described. So let's not even go there right now.

Since you have no record, you should try to get an informal diversion. For example, if you were my client, I would negotiate a deal in which you would have you attend anywhere from 15 to 20 narcotics anonymous meeting and, after completion, your case would be dismissed. It is not uncommon for violations of HS 11357(b) in Southern California courts to resolve in this fashion...Many courts offer this outright as long as you have a clean record. However, I cannot speak for Santa Clara County.

Your best bet is to contact an attorney who practices criminal defense in the court where your case is filed and ask if this is an option for you. You should really try to avoid doing a more formal diversion for this case. You shouldn't have to go through all that for a little pot.

Hope this was helpful. Good luck!

Gabriel Dorman