Two Misdemeanors Charges - Marijuana/Ecstasy (California)

[thecynic23]

Hey, thanks in advance for the help!

I live in California and I was busted smoking some marijuana next to my car on a Cal State university campus. We have an actual police department on campus instead of university security and they are who confronted me.

I would have said that the marijuana I smoked and my glass pipe were all I had on me, but I was already opening the door to my car to place my pipe back inside when I noticed the police officer just 15 feet away, walking up to me. I was instructed to step away from the vehicle and so I did. He saw the pipe in my hand and I came clean about what I was doing.

I figured because I had already opened the car door and almost placed my pipe inside, there was probable cause to search my car. So, when I was asked about the remaining marijuana, I told him that there was some in the car and I gave him consent to search for it (was this the right thing to do?). He then called for back up and upon their arrival, proceeded to search.

He found the marijuana (less than an ounce), but he also found one pill of ecstasy in my car that I had forgotten was there. I admitted that both the substances were mine and I was taken back to the station to be booked.

This is my first run in with the law I have ever had (criminal or traffic) and I'm hoping that the judge will go easy on me because this is my first offense, but I still think that it would be smart to learn at least a few things about drug charges/the legal process involved in my case before I have to appear in court.

I was charged with a (code 11377, section A) Possession of Controlled Substance / Ecstasy and a (code 11357, section B) Possession of Marijuana Less than an Ounce. Both these charges were put down as misdemeanors (the officer writing me up said that he was going easy on me by charging me a misdemeanor for the ecstasy instead of a felony).

But, in this case, since I've never had run-ins with the law, I don't know what I should do/ask for in court or how I should prepare. I'm also not sure what I will be stuck with, be it community service, NA classes, a fine, or some combination of the three (it wouldn't be more severe than that, would it?).

After talking to some friends since this incident occurred, I've have some tell me I should (I forget the term for this...) ask the judge to have the arresting officer bring the evidence to court, to show proof. And, as I was also told, an officer summoned like this only shows up half of the time or so and if they don't show with the evidence, then I'm not charged with anything. I don't know if that is true or how I would ask for such a thing, any insight surrounding that process?

I've also been told by others that going with a public defender is a bad idea as they won't help much. Is this true? And, in a drug possession case like mine, am I allowed a public defender?

I'm also considering contacting a criminal defense lawyer to help and try to expunge the charges from my record, but I fear using one because it may cost me a lot. Is it overkill to contact a criminal defense lawyer for a case like mine with only two misdemeanor charges? And if I were to hire a criminal defense lawyer, would he be able to expunge/drop these charges from my record even though I originally admitted that what was found in my car was mine?

Thanks again for your time and feedback.

 

[garrula lingua]

Forget about the bs you were told. For many years now, a drug conviction in CA is supported, in court, by the lab receipt, proof of the chain of custody, the testimony of the criminologist who tested the drugs and his/her credentials. Evidence is presented at trial and the criminologists always appear (OK, 99.999%), otherwise the Prosecutors would have their butts. The drugs, themselves, don't have to be presented at trial (or before-hand).

In CA, there are two alternatives to a drug conviction - DEJ (deferred entry of judgment) and Prop 36.
Take DEJ if you're charged with the 11377 (the x).
DEJ means that if you stay squeaky clean for 18 months, complete a drug program which may require random testing, will require probation fees paid and court appearances, then your case will be dismissed (but you do plead guilty). You can complete the program and pay fees earlier than 18 months, but case can't be dismissed until 18 months frm day you plead.

Each county has minimum amt of drug requirement before they charge (their call).
You may not be charged for the x (up to the Prosecutor).

If you're only charged with the mj (11357b), then ask the Prosecutor if there's anything you can do to keep this off your record (point out you have a 'squeaky' clean record, if that is true) 11357b carries a maximum sentence of $100 - no probation, no jail. However, it is a 'drug conviction' which can affect future employment.

Most Prosecutors will fashion their own "DEJ" for mj - usually some Narcotics Anonymous or AA classes or CalTrans (picking up freeway trash). If offered, take it - it's immensely better than real DEJ or a conviction.

ONLY the Prosecutor can change the charge (which, hopefully, s/he will do if the charge is only 11357b - they can change it to disturbing the peace (misd or infraction)).

PDs are often excellent attorneys, faced with (frequently) guilty clients who expect the PDs to 'get them off'. People like you....
You admitted everything to the police; you were caught red-handed ... why t f do you want to hire a criminal atty instead of a PD who is doing cases like yours all day long ???
Besides, it's mandatory to offer DEJ and Prop 36 ... and an 'informal diversion' to another charge is entirely up to the Prosecutor.

Use the PD; if it appears that the Prosecutor and the PD are NOT getting along, go pro per (represent yourself). Most Prosecutors are very ethical and fair and just want to ensure they will never see your sorry butt in their/any court again.

Save your money for probation fees and court fines.

Isn't life exciting enough without drugs ??

 

[garrula lingua]

PS: if you're under 21, then pleading to a 11357b (mj) means that DMV can suspend your drivers license for a year. Ergo, the benefit of changing the charge (usually to disturbing the peace) if that is the sole offense.

 

[thecynic23]

Thanks for the info garrula, definitely clears up some questions I've been anxious to get answered.

Regarding the revoking of my license by the DMV, I wasn't caught in my car and although the substances were found inside my car, the whole vehicle information section of my ticket has been crossed off and has PED written over it, which I assume means pedestrian. Is it still possible for the DMV to suspend my license? And when the DMV suspends licenses in cases such as this, is it always a solid year of suspension or can it be less?

And regarding the "changing the charge" (maybe to disturbing the peace), how would this be done? Is it something I ask for or is it an option that solely the prosecution brings up?

 

[garrula lingua]

If the court reports the mj conviction to DMV, then the dl should be suspended for one year (some courts report, some don't).
Under 21, it doesn't matter if in vehicle or pedestrian.

Only the Prosecutor can change the charge. Remorse and sincerity work.
Ask to speak with the Pros; tell him/her that you really screwed up; you have a squeaky clean record (if true - they will have your record). Bring your school records, esp if your grades are good.
Ask them what you can do, if anything, to keep this off your record - NAs, AAs, Caltrans.

If the Pros isn't offering to change the charge, try to continue the case. Hopefully, a different Pros will be in court next time.

If you have had prior trouble with the law, the Pros, most likely, won't budge & you may as well give up fighting & plead and ask the Judge for DEJ ($$), or just take to trial (very expensive).
Your juvie record is in the Pros's file, as well as info on arrests with no charges, office hearings, etc.

It doesn't help to whine to the Judge about the Pros. There is NO need/requirement for Pros to reduce/change charges - only the Pros's discretion & the requirement for offense to be proven at trial beyond a reasonable doubt.

Most Pros will try to help a first-time mj offender, as the consequences of a conviction can be pretty severe (can affect post-grad education, security clearances, work opportunity).

 

[thecynic23]

Ok,

So I went to court and spoke to a PD, who recommended that I take the DEJ. Upon seeing the judge, and after speaking to the PD, I informed him that I wanted to do the diversion program and he dropped the mj charge. Now I am enrolling in a PC-1000 course, but I was wondering if the 11377 charge (the X) is now on my record (until I complete the DEJ), or if the 11377 charge is not on my record (unless I fail to complete the DEJ program). I just want to know if this would show up if a background check was done on me or am I in the clear assuming I successfully complete my PC-1000 class?

 

[sen456]

small world

the same exact thing happened to me, on dec 11 (wk of finals), and from ur county info im assuming you go to csuf like i do. I was stopped by local PD though for old tags (although i had one of those DMV extention papers with the month number on it), and they searched me cause my car smelled of mj. The officer told me he was going to search my car and found mj and mdma pills.

My situation deviates just a little bit. I was caught with 3g of marijuana. I was caught with two ecstasy pills instead of a single pill. Although I did not inform the officer initially, he found that I also have a physicians letter of recommendation for use of medical cannabis, which I am hoping will have an effect in court.

I still have yet to attend my arraignment, but I'm kind of shocked that the same thing happened at the same school (still, im assuming). Kind of a bad small world incident.

Anyways, I've been doing research also. I can't offer any new information to you about what would be on your record while doing the diversion program, but I suggest contacting the pd's office. I was hoping that maybe you can offer some insight into the details of DEJ- how long probation, probation costs, probation check ins?, drug testing, what program youre in, drug class info.

Well, Good luck to you cynic on your pc-1000 classes. Im sure you'll complete them successfully and all of this will be a distant memory soon.

 

[garrula lingua]

Cynic,
Did you plead to a felony or misdemeanor 11377 ?
Did the PD show you a lab report on the X ?

In order to qualify for DEJ, you had to plead guilty. Ergo, if you screw up on DEJ, all that remains is for the Judge to sentence you (no trial, no defense).

You'll do a minimum of 30 days in jail (mandatory) if you fail DEJ. Also, you'll lose your DL for a year.
If you succeed, the case will be dismissed.

DEJ probation requires a minimum of 18 months before the case can be dismissed. You may complete all requirements prior to that date; the Judge can't dismiss the case earlier than 18 months from the date of the guilty plea and granting of DEJ.


If a background check is done right now, it is doubtful whether a prospective employer would be aware of the situation. Law enforcement can see the case, and it is a public record; however, there is no sentence rendered. It is better to tell the truth if anyone asks about the status.
Pay your probation fees, comply with any request for testing, go to the classes, make any scheduled court appearances (up to the Judge &/or Prosecutor as to how many court appearances) and, in 18 months, the case will be dismissed.
And, also important, you won't lose your Driver's License for a year.

Good luck. You can do this - it means a lot for your future.

... and hey, C'mon guys. What's with Fullerton ? Orange County that sucky ?

 

[thecynic23]

When I requested to speak to the PD (the one that was already in the courtroom when I showed up for my court date) we stepped outside the courtroom and he had a packet of information regarding the incident (my case file, I assume) that he briefly read over.

He didn't show me a lab report of any sort, he just told me that drugs are bad and that if I want to 'get high' that I should go drink a beer (ya know, because alcohol is the socially accepted drug in this society...), he also told me that getting caught like this again could land me some jail time and that for my case, the best option would be to go with the DEJ.

But the one thing I am unclear on is if I was charged with a misdemeanor or a felony for the 11377. When the original police officer was writing me up at the station, on the night of the incident, he said he was going to 'go easy' on me and charge me with a misdemeanor for the ecstasy. I'm glad he didn't choose to put it as a felony, but I don't know if that changed the outcome in court or not. As of now, I am assuming I was charged a misdemeanor.

Otherwise everything is going as normal for me, I'm signing up for a PC-1000 course here in Orange County and plan to have it finished within 4 months or so, then I'll try my hardest to stay clean until the 18 months is up, after that this should be behind me. I do realize that if I were to get caught doing something, like smoking weed, in that 18 months that I will be recharged with the original 11377 and also with what ever I got caught doing.

But would a minor traffic violation such as a speeding ticket do the same thing and cause my DEJ to become null, making the original 11377 resurface?

Or what if I was completely clean and had nothing on me, but someone in a car with me had something found on them, would the DEJ also become null and the charge resurface? (If yes to that last question, could that also be at the discretion of the police officer to report that I was in the vehicle with that person too?)

And regarding the mandatory jail time if a DEJ is failed, I had a friend who was caught with 48 pills of ecstasy, who (luckily) wasn't charged with intent-to-sell and was allowed to go the PC-1000 route to clear his record, so he chose it. But he was such a heavy mj smoker that even after a month and a half of being clean, his first drug test at PC-1000 (which tests for specific levels rather than just a presence or not) got him kicked out of the program. But, after getting kicked out of the program, he didn't have to do 30 days mandatory jail time, he was thrown in for 3 days when he showed up to court after getting the boot, but after those 3 days he was given the option to go onto Prop 36, which he did and is now 7 months clean and almost finished with the program. What do you think happened in that instance, did the judge merely go easy on him? or maybe the laws around mandatory time are different for Tustin/Santa Ana?

 

[sen456]

That's funny how he mentioned alcohol, cause from what I've read, I'm pretty sure you can't drink during your interim period.

In the unvalidated research Ive done online, Ive found a few cases that have resulted in prop 36 after failure to complete PC-1000. One of them is a personal story on the prop 36 website (prop36.org).

Im no legal expert, but I'm sure it depends-its up to the discretion of the judge and the manner in which they failed completion of DEJ. Im sure if you totally didnt show up to DEJ, and failed probation UA, and showed no sign of effort, prop 36 may not be offered because the judge will find you unammenable to treatment. I can also picture a scenario where you were showing up to classes, and failed a UA and the judge sees it as a relapse event and sentences you prop 36.

In any case, good luck with those classes man. Im sure you can stay sober off of pot for at least 18 months. Remember, theres a lot of fun stuff to do besides besides smoking: snowboarding, skating, surfing, movies, basketball. Although you don't have that same stuff to relieve stress, theres also working out and just kicking it sober. You're fine dude. Just stay out of trouble and make sure nobody leaves anything in or stinks up your car.

Please keep updated on those classes and what the probation is like. I was wondering if you have to check in on a monthly basis, meet with a po or at a machine, how much is all of this costing you. It was be much appreciated.

 

[thecynic23]

Reply to sen456

sucks doesn't it? haha

I got rolled on the 27th of October, so mine was a while ago, and although I don't go to CSUF, I go to Cal Poly Pomona, which isn't too far away from where you are. I didn't quite have 3 grams on me, probably closer to 1, and the cops did find the one pill, but that was a complete accident and stupidity on my part for leaving the container out. To tell you the truth, I had 6 more in the car, but those were so hidden away that not even I could reach them, I had to dismantle my console to find them the next day....

After going through this thus far, I can offer some advice, I'm by no means a lawyer, but I have learned some bits and pieces about the process. garrula lingua here has also been a great help, read what he's wrote too.

Your case probably won't be very different than mine, and although you have the doctors note for the marijuana use, the main charge you're going to need to worry about is the ecstasy charge.

They might do in your case what they did with mine which is drop the lesser weed charge and keep the ecstasy charge. Even though the officer that wrote me up said he only charged me with misdemeanor possession of ecstasy, I'm still not sure if the court gave me a misdemeanor or a felony, but if you were charged a felony for the pills, your number one priority should be to get that off your record because it will never go away and will haunt you forever. If you get misdemeanor charges for the E, you could technically just take the charges and keep them on your record until they disappear (I think it takes 2-3 years for misdemeanors to disappear from your record) but all the jobs you apply for in that time span that do background checks might not hire you. In some cases, employers don't care about marijuana charges, but the ecstasy charge usually doesn't fly well. (this is what happened to me recently when I applied for a job, they said they have been able to help people with weed charges, even DUI's, but they didn't hire me over the E charge)

But at your arraignment, when you go in front of the judge, he might decide not to charge you with the E (unlikely, but would be wonderful) but if he does, go with the DEJ (PC-1000). You could also go with Prop 36, but it is a more rigorous and expensive option, which is pointless.

PC-1000 is on average a total of $550-$700 depending on the facility you sign up at. It is a drug counseling/rehab-like program that is organized by private court-approved companies. I am still in the early stages of signing up, so I haven't gotten specific info from the location I'm attending, but I have spoken to 3 of my friends who have all participated in PC-1000 at some point and I've learned a lot about it.

How it works is once you plead guilty and ask for the DEJ, you will be given a couple pieces of paper with a bunch of locations on it that all offer PC-1000 programs. In my case I live in Orange County, but got caught in Pomona, so the sheet of locations I was given was for PC-1000 programs in LA County, but I didn't notice this until days after my hearing. Once I figured that out and decided I didn't want to drive 30-45 minutes for my classes, I had to go back up to court again to request taking PC-1000 classes in Orange County, so when you get your sheets and before you leave the court, make sure that at least one of the locations is close enough to where you live.

You will have to sign up with one of the locations on the sheet by a certain date and when you sign up, you need to bring a couple things, first is the paper from court, stating that you need to sign up for PC-1000 and second is the money for an enrollment fee (mine is $60, one of my friends had to pay $110, varies from company to company). Once you sign up, you have to attend a PC-1000 class once a week for a certain amount of weeks (I think it's usually 14 weeks) and you pay a fee at each class (my friend had to pay $35/class). It is the enrollment fee plus each additional class fee that adds up to the total $550-$700 for the whole program.

PC-1000 does drug test you, but from what I've heard, it isn't consistent. You receive 4 random drug tests over the 4 month period and also from what I've heard, they test for levels rather than just positive/negative. Like for instance, if your first drug test tested positive for marijuana (as long as the levels are low, my friend got kicked out for having high levels his first time) then you should be ok, just as long as every drug test from that point on has even lower or no levels of marijuana. Although, I have a feeling that the levels testing only goes for marijuana, because it can stay in your system long after stopping use. On the other hand, MDMA and other amphetamines are only in your system for 3-4 days and if you tested positive for any of those, you would probably get the boot.

On the probation side of things, when you take the DEJ and enroll in PC-1000, technically you're on probation, but you don't pay probation fees, you don't have a probation officer, and you don't have regular court appearances (would this be called informal probation? I dunno, never been on any form of probation before so I can't say) But PC-1000 kind of acts as your probation through weekly appearances and random drug testing. And although PC-1000 only lasts 4 months, then your off of the tests and classes, you still have 18 months from the day you plead guilty and accept the DEJ until you're completely in the clear. If you are pulled over, rolled on the street, or get rolled at a party in those 18 months, you can be searched for no reason and if you get in trouble, even after completing PC-1000 but before the 18 months are up, the ecstasy and any other charges you were trying to get rid of with the DEJ resurface and you are not only charged with them in full, but you're also charged with what ever you got caught with the second time around (not 100% sure about this, but this is what I've heard from many people)

Otherwise, that's all you really need to know for now. Hope some of it helps.
If you have any other questions, go ahead and post em, I'll try to get back to you asap.

 

[sen456]

Thanks for the advice. And its funny that you mentioned that you had some stashed in the center console cause I had just changed my shift boot days before the arrest and it wasnt completely sealed off, and I just kept thinking wow those pills would have been great inside there. Unfortunately, there was no way to reach them as I saw the cop behind me and I wasn't completely sure if they were in the car.

How sure are you about the tests stopping after the classes are over? I would hate to fail a ua for having a drink one day and being called in the next for one.

Again, thanks for the information. I really appreciate it.

 

[thecynic23]

Well, my friend who was in PC-1000 said that the drug tests are only administered by the PC-1000 clinic and once it's over after 4 months, the testing stops because you stop attending classes.

But one thing that was pretty annoying to figure out is that they also have a no alcohol policy, even if you're of age to drink. At first I thought it was a joke because I was always under the impression that alcohol is out of your system no more than a few days after you drink it, but the people at the clinic my friend attended said they have a new method to test for alcohol use up to a month back, so I wouldn't try it, getting kicked out is a big hassle as my friend who got the boot and was put on Prop 36 can attest now that he is on real probation and owes a total of 3 grand to the govt for a combination of court fees, probation fees, and Prop 36 class fees . But as I mentioned above, he didn't get the boot because he drank alcohol and failed the drug test, he got kicked out because he had levels of marijuana in his system that were too high, even though he had been clean for a month and a half when PC-1000 administered his first test (a month after enrolling in the program). That's what happens when you smoke like 4 or 5 times a day for many years, it'll stay in your system for a solid 3 months after you stop smoking.

And although I didn't smoke as much as he did, I did smoke roughly every day or so for a few years, up until after I got caught, so I'm not taking any chances come my first PC-1000 drug test. I went ahead and bought a 7-day Complete Clean kit from a local smoke shop and I'm hoping that it will at least lower the remnant levels of THC in my system. Just make sure not to drink one of those day-of-the-test detox bottles to try and pass PC-1000 or other court ordered drug tests because, unlike job or home drug tests, the court ordered ones test for detox too.

 

[sen456]

Ok. I estimated that the last time I smoked, it would be a month from my court appearance. I was thinking of finding one of those at home tests just to see where I'm at. I smoked about two to a few times a day in early december dating back to who knows when. I smoked out of a vaporizer so it would be really small amounts. But yeah, thanks for the heads up. Im just trying to run a lot at the gym and drink lots and lots of water, as ive found that thc metabolizes in fat, so itd be a good idea to rid the marijuana of its home. Good thing im not overweight. Hopefully that detox works out for you. Let me know how it all goes.

 

[sen456]

court

Went to my arraignment. The PD said i was eligible for pc1000 but said he wanted to continue my case for a month and try to get the charges reduced or dismissed. So Im just waiting for the next court date then, its off to pc1000 classes.