VC 23222 offense

[worried dad]

What is the name of your state (only U.S. law)? California
My 19 yr old son was recently stopped (he was driving) for a headlite out, and MJ (a few gms) was found in the car. He was with other students. He was cited for the headlite issue and VC 23222. He has no prior offenses, is doing well in college, and is remorseful for his poor choices. It is important to us to keep this off of his record, if possible. Is it wise to retain an attorney? Will a diversion be offered, or CPC 1000? What exactly is a deferred entry of judgement? He is willing to do any program or fulfill any requirements by the court to keep this off his records. Some places I read that this is a $100 fine, and on another it refers to $500 fine, with both being misdemeaner offense. He is also receiving academic scholarships and some federal loans. How will this impact any of the above?? I have spoken to one attorney who suggests it will cost $3-4000 to defend him. Is this the going rate? I have also read that all evidence of marijuana possession charges are automatically destroyed after 2 yrs. Does this mean he will not have a record of this? will he still have a "wrap sheet"? Do the diversion programs or other programs offered by the court cost as well? thanks for anyones help.

 

[Ian_Y]

I recently had this same charge dropped from my record in the courts (Medical patient) and I can tell you that the fine is $100, probably in combination with drug counseling of some sort. Wherever you read $500 for the fine, that is for possession of one ounce or more. If he has no priors, it's possible that your attorney or even public defender can negotiate a plea deal to have the charges removed in exchange for completing drug classes, etc. Luckily your son received probably the easiest to deal with of drug charges, in California at least. It also is only a misdemeanor and not a felony, and yes like you mentioned these marijuana possession charges are automatically expunged from criminal records after 2 years. If you are looking to get the whole charge dismissed altogether, I would recommend hiring an attorney (Though I'm not a lawyer)

 

[worried dad]

thanks for your reply. It's well appreciated. I am confused though about one thing.
I feel he needs to have some consequences, be it drug classes, community service, etc. So one can plea bargain for that and if completed successfully have the charges dropped off his record. I don't necessarily want then dropped without any responsibility on his part. If charges are dropped does that mean there is no evidence of arrest for MJ on his records at all, or any arrest record at all? If evidence of all this is expunged in 2 yrs, does that mean again that there is no record of any of this on his records? What is the difference? will there be evidence of this available to employers, federal agencies, licensing boards, in the future after the two years? If charges are dropped, does he have to admit to an arrest for MJ possession on applications in the future?

 

[CdwJava]

Diversion should be available for simple possession per CVC 23222(b).

- Carl