Possess Marijuana & False CA ID (COPIED)

[Slip]

*This was copied from the other category because I was unsure which one it best fit under*

What is the name of your state? California

I'm not going to tell the entire story but what ended up happening was I was cited for Possession of Marijuana [11357(b)] and Possession of a False CA ID [13004(a)]. I admitted to the charges right away because I knew there was no chance in fighting either of them. The Marijuana was under an ounce. However I had 2 fake id's, one had been given to me for free, it was a picture of my with all different information. The other was very legitimate looking and had all of my real information on it.

These are my first offenses (including traffic tickets, etc...) in my life and I'm 17. What kind of penalties am I looking at and what should I do to prepare for my court date next month?

Thank you very much for your help.

 

[CdwJava]

CVC 13004(a) is a misdemeanor. I believe it is punishable by up to 6 months in jail and/or $1,000 fine. You're lucky - they probably could have hit you up for a more serious offense!

H&S 11357(b) is a misdemeanor with a $100 fine.

- Carl

 

[Slip]

What factors does the judge use to determine to severity of the punishment for the MJ Possession?

How does my case look in your eyes?

 

[outonbail]

What factors does the judge use to determine to severity of the punishment for the MJ Possession?

The fact that you were in posession of marijuana. I've never seen a judge order less than the $100.00 fine, regardless of whether it was an ounce or one joint. Not that it's never happened, but you should figure on the $100.00 fine, plus administrative and court costs will be added on top of that. This is actually a deal, considering that in many other states, you can be locked you up for having possession of any amount of marijuana.

How does my case look in your eyes?

You have no case,,,, you've already admitted guilt because you felt "there was no chance in fighting either of them". However, you can always fight them,,,, it's winning the fight that your confession has removed the chance of.

Have you used the fake ID's to commit any other crime? Possibly passing bad checks, fraud or purchasing/renting merchandise?

 

[ceara19]

I had 2 fake id's, one had been given to me for free, it was a picture of my with all different information. The other was very legitimate looking and had all of my real information on it.

Why would you need or want a fake ID with all of your CORRECT information?

 

[garrula lingua]

Your appearance is at Juvenile Court.

Your jurisdiction may have a 'teen court' for the ID. Many juvie courts have diversion programs for the mj.

Make a list of questions for your attorney.
Ask your atty whether DMV may suspend your driver's license for one year if you have a conviction for H&S 11357.

 

[Slip]

I have used the ID's to purchase alcohol on a few occasions, however the LE never asked if I had or not so I didn't say anything on the matter.

I'm not complaining about a $100 fee, I'm actually quite grateful that it is not automatically jail time for possession of mj. However at the age of 17, any possible jail time is quite scary. Under what circumstances in California do judges normally sentence offenders such as myself to jail time?

Also I'm going to college next year (no financial aid) and was wondering if they are informed in anyway about this incident and how that may affect my further admission into the college. I'm also playing sports at my local high school and was also wondering if the LE usually contact them also.

Thank you very much for everyone who has replied to my thread so far, you have all been extremely helpful so far.

 

[Slip]

In addition to my above post I wanted to know whether or not they drug test you at the court date?

any and all info is greatly appreciated

thanks!

 

[outonbail]

In addition to my above post I wanted to know whether or not they drug test you at the court date?

any and all info is greatly appreciated

thanks!

Gee, why would you want to know that?

I can't imagine them testing you at the courthouse. However, the judge can order you to go have a test done that same day or he can order you to check in with the probation department who can also request a drug test.
So rather than worry about it happening, you should stop doing drugs. This way it wouldn't matter to you if they tested you or not.

 

[rcckillaz]

from what I've been told, there is a good chance they will test you. I have the same charge minus the fakeID, but anyways...good luck bro

 

[Slip]

yeah i haven't even seen MJ since the arrest and don't really plan on doing any, obviously the urge has occured but its easily supressed when i see the road ahead

The officer called me on the phone today and said that he would like to recommend me for a diversion program that will most likely include community service and a probably some other stuff. He said that this will dismiss any charges against me as long as I follow through with what he assigns to me. He also mentioned that it is not a sure thing when he recommends someone to the program but he feels preety confident it will go through. Can someone tell me any information on what is involved in the program (in addition to what I described) and how hard it is to get into the program?

Thank you very much

 

[outonbail]

What program did he mention, prop 36?
It sounds unusual that the officer would contact you and discuss what may happen in court and tell you he's trying to help you, unless he is looking to get something from you. Such as becoming an informant. Has he mentioned the possibility of you helping him identify you're marijuana sources?
Carl would really be the authority here, but if you've never been arrested for drugs before I don't believe it is difficult to get the judge to give you a shot at diversion. Successfully completing it is the difficult part for some people. This is usually because they continue to use drugs, but if you stay clean the program shouldn't be hard to complete.

I don't know if it is different because you're not eighteen, but that may fall into the picture.

Like I said, if Carl reads this thread, I'm sure he'll reply to you're post, he's the one to ask.

Perhaps he'll also provide his thoughts on the officer contacting you directly?

 

[Slip]

no he didn't mention being any type of informant...since i didn't lie to him and i wasn't just another "punk teenager" he told me he wanted to make a recommendation for me to join this "diversion program"...he gave a brief description that i told you about above...he said i would know in a week or 2 if i got in....thats all he said

does that sound like the program your talking about?

 

[CdwJava]

I have used the ID's to purchase alcohol on a few occasions, however the LE never asked if I had or not so I didn't say anything on the matter.

That won't be an issue - at least not directly. You are not being charged with the underage purchase of alcohol.

Under what circumstances in California do judges normally sentence offenders such as myself to jail time?

Rarely. If you do not have any priors, then probation and a fine or community service is likely. Counseling for the marijuana is also possible. As Garrula stated, there may well be other option available to you as a juvenile. Youngsters with no prior record tend to have more options to escape the full ramifications of their actions than adults.

Also I'm going to college next year (no financial aid) and was wondering if they are informed in anyway about this incident and how that may affect my further admission into the college. I'm also playing sports at my local high school and was also wondering if the LE usually contact them also.

I can't honestly say if such a conviction could effect your financial aid. I don't think so, but then I have not looked at the question.

The police aren't likely to go out of their way to contact your school, but it is very likely the school will find out ... the student rumor mill is pretty hefty. If your school has a zero tolerance for use and a policy permitting removal from sports for outside use or arrests, then you might find yourself subject to whatever punishment is appropriate.


- Carl

 

[Slip]

ok thanks

and suprisingly the rumors haven't been that bad. I think its because I live in southern california and its basically a common occurence for people to be caught smoking (more often at school than outside like me).

Could you please expand on the diversion program if you have any information on it?

thanks again