Wrong Charge

[mojo4unity]

What is the name of your state (only U.S. law)? CA
I was charged with hs11360a and pled no contest, was given probation and have to go back to court on the 28th of this month. I was told that I had to register but no one has told me where or how. My question is, according to the incident report there was only 13.8 grms but the charge states over 28.5 grms. How can I be charged for more than what was there? And can this be changed? Lastly, how do I go about doing so? I have contacted the public defender and the probation officer, but no one has returned my calls or emails. Please advise. Thank you.

 

[StevenJ_420Law]

28.5 grms is an ounce - so you were charged/pled to transporting/giving away under an ounce. its not an error and doesnt need correcting, that is the wording of the code section of the law.

You register at the sheriff's office (maybe the police too-my area its only at the sheriffs) and if you dont get it done you may get violated or a whole new case charged against you.

 

[Zigner]

What is the name of your state (only U.S. law)? CA
I was charged with hs11360a and pled no contest, was given probation and have to go back to court on the 28th of this month. I was told that I had to register but no one has told me where or how. My question is, according to the incident report there was only 13.8 grms but the charge states over 28.5 grms. How can I be charged for more than what was there? And can this be changed? Lastly, how do I go about doing so? I have contacted the public defender and the probation officer, but no one has returned my calls or emails. Please advise. Thank you.

Here is the code section you are charged with:

11360. (a) Except as otherwise provided by this section or as
authorized by law, every person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport any
marijuana shall be punished by imprisonment in the state prison for a
period of two, three or four years.
(b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, such
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his written promise
to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.

With that in mind, please restate your question as it pertains to the qty of drugs you were charged with.

 

[Zigner]

28.5 grms is an ounce - so you were charged/pled to transporting/giving away under an ounce. its not an error and doesnt need correcting, that is the wording of the code section of the law.

Actually, no it's not. But I think our OP is confused so further discussion without clarification by the OP is pointless.

 

[StevenJ_420Law]

true.. and I stand corrected. I was running off memory and thought he was discussing 11360(b). Not sure why they would mention quantity for 11360(a) in a charging document.