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Marijuana Possesion in Ca

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Alex02

Member
What is the name of your state? Ca

I jsut got back from this incident. Was driving my friend home and 3 cops pull me over b/c my car matched description of a stolen car or car jacking. So they search and they find my 1yr old bag of weed that has been there for so long. I havent smoked weed since i was 18 and im 20 now.

Bag had approx 20 grams ( 3/4 of ounce) and the police officer gave me a citation with notice to appear in court. What can i expect when i go to court next month? How can i be punished?

thanks in advance!
 


Shay-Pari'e

Senior Member
Alex02 said:
What is the name of your state? Ca

I jsut got back from this incident. Was driving my friend home and 3 cops pull me over b/c my car matched description of a stolen car or car jacking. So they search and they find my 1yr old bag of weed that has been there for so long. I havent smoked weed since i was 18 and im 20 now.

Bag had approx 20 grams ( 3/4 of ounce) and the police officer gave me a citation with notice to appear in court. What can i expect when i go to court next month? How can i be punished?

thanks in advance!
Are you for real?

I'll answer anyway's. Expect to be charged for posession.
 

Alex02

Member
and the penalty for possesion is?
- $100 fine and possibly license suspended because im under 21 (im 20)??

first- and second- time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal use cultivation) offenders can also avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7. AND Any minor (age under 21) convicted of any marijuana, alcohol, or other drug offense faces a 12-month drivers license suspension, regardless of whether the offense was driving-related. The court may allow restricted license privileges if the minor demonstrates a "critical need to drive." Vehicle Code 13202.5 . (Note: This penalty can be avoided by entering a diversion program).
Now, my question is: What is this diversion program and will i have to pay for it? I had a clean record before this incident and im going to a univ. as well as working PT so the liscense suspension is worrying me.

What will happen at my court date? THe officer that wrote the citation will be there with a judge and he will ask me what? If i explain that i havent smoked weed in so long and that the weed is very old along with the story of my situation, (college kid and working pt) do you think there is a chance the jude will NOT SUSPEND my license?
 

Shay-Pari'e

Senior Member
Alex02 said:
and the penalty for possesion is?
- $100 fine and possibly license suspended because im under 21 (im 20)??



Now, my question is: What is this diversion program and will i have to pay for it? I had a clean record before this incident and im going to a univ. as well as working PT so the liscense suspension is worrying me.

What will happen at my court date? THe officer that wrote the citation will be there with a judge and he will ask me what? If i explain that i havent smoked weed in so long and that the weed is very old along with the story of my situation, (college kid and working pt) do you think there is a chance the jude will NOT SUSPEND my license?
No one can tell you what will happen at your hearing. Your asking for a easy answer and no one has a crystal ball.

Look up the diversion program on the internet, because I am not going to.

You got caught with weed Dude! Wake Up!
 

Alex02

Member
Ball park price to hire a lawyer for a cut and dry case such as this one??

Remember, Ca and bay area
 

CdwJava

Senior Member
Hire a lawyer for a max. of $100 fine (plus court costs and fees)? It would probably cost more to consult the attorney then pay the fine.

As for the license suspension, not sure if that will happen. Plus, the arrest disapopears after 1 year anyway (provided you take care of it, of course).

If it had been MY officers, I would hope they cited you for CVC 23222(b) - as that stays on your DMV record for, I believe, 7 years. And can eventually result in a license suspension. I'm not sure that a violation for simple possession per H&S 11357(b) can do that.

Either way, I doubt that an attorney is necessary. But, it may depend on the county. When I was in San Diego County, marijuana cites were heard in traffic court. It may be different where you are.

Carl
 
N

nosleep

Guest
And by the way

You said you are going to a University. I hope you don't have any outstanding student loans or rely on loans for your education because a drug convictions makes you inelgible for federal money (including loans) and if you have outstanding loans they will require immediate payback..although they may grant you the remainder of your grace period.

http://www.mapinc.org/newsssdp/v99/n1189/a02.html
 
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Alex02

Member
thanks for replies so far

Yes, i was cited for 23222(b)cvc .

Approx lawyer (average lawyer) fees for the following scenarios?:


1-Pleading guilty at the arraignment (Assuming i can plead guilty at the arraignment this step)

2-Pre-trial conference

Background info: First time offender so otherwise clean record, US citizen and no other complications that will make my case complicated. Santa Clara County of Ca

thanks
 
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N

nosleep

Guest
I don't think you understand. If you plead guilty, you are guilty of possesion. Your conviction may not show up in all background searches, but your arrest will.
 

CdwJava

Senior Member
You'll have to call around for lawyer's fees, but my guess is that it will run you at LEAST $500 just to have one represent you ... before any motions or actions are taken. And I have heard of retainers anywhere between $2,500 and $5,000 required prior to representation. But, that may vary given the nature of THIS case.

Help and referral information can be found at the Santa Clara County Bar Association website:

http://www.sccba.com/legalconsumer/

You may have to do some calling around on this one.

Oh, and as long as there was no "booking" (i.e. prints and photos taken) any record of this citation will remain within the local computer system and should not appear on a state or nation wide criminal offender record. And since these cites are punishable by fine only, there is usually no booking required (in CA).

However, policies vary by county so you really should call around and see if there is a lawyer that can guide you through this.

Carl
 

Alex02

Member
Thanks, i appreciate the info!

I was fingerprinted on the hood of his car b/c i forgot my wallet at home (just driving my friend 1 mile to his house). Anway, i think i have gotten all info i can from the message board, so thank you everybody.
 
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D

doppelganger_me

Guest
:eek: you got cought with WEED !!!!! :cool: chill out its only weed ... not like you got raided by the pathetic DEA for trafficking hundreds of kilos of cocaine.
 

Alex02

Member
ok i just got something in the mail today called "proof of service".

There is a correction from the citation on this "proof of service" saying that Booking Is Required Prior to Court Date.

I was under impression that i wouldnt have to be booked?!? Does this mean they will put me in a jail suit and transport me for my arraingment or is this just how they will enter me in the system with a photo and finger prints?
 

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