CA 11357(c) Violation -

What is the name of your state? California

Long story, short version, came home to find two officers and my wife in tears in our living room one afternoon. Seems there was trouble at my son's school where he was interviewed and told police where it was in our house. My son is 12yo, doesn't use, stole some of ours, gave it to a friend, he got caught at school, told on my son. Ended up with a misdemeanor citation on 11357(c) & 11364, no booking, no printing, etc. they just asked if it was for personal use, answer "yes", and handed me a "Notice to Appear".

Now what do I do?

Is it worth getting an attorney involved?

A Lesson In Grammar

11357c Question said:

What is the name of your state? California

Long story, short version, came home to find two officers and my wife in tears in our living room one afternoon.

Click to expand...

My response:

Really? The officers were "in tears" too?

IAAL

It's worth it if you don't want a criminal record. If this is your first offense, you will be eligible for drug diversion, a form of probation which will avoid a conviction and keep the offense off your record.

"My son is 12yo, doesn't use, stole some of ours, gave it to a friend, he got caught at school, told on my son.'

Sure, keep on believing your son doesnt use.

I'm curious where the H&S 11364 charge came from ... that's for drug paraphernalia - and a marijuana pipe does not qualify. Its usually used to cite for paraphernalia related to smoking, snorting or injecting hard drugs.

And the charge you state is for mor ethan an ounce:

(c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.

You need an attorney for this one. Not to mention that it could come back to bite you big time with a child endangerment charge, and maybe some additional charges against you or your son.

Yep. Time to get an attorney.

AND, time to get some serious intervention before your child decides that this is okay and points to mom and dad to prove his idea.

Carl

Carl

CDW is right, possession of a marijuana smoking device is not illegal in CA. The problem is the police and some DA's still think it is prohibited under H&S 11364. See In re Johnny O. (2003) 107 Cal.App.4th 888.

When I find a minor in possession of rolling papers or a pipe, I charge PC 308(b) for possession of an item used to smoke tobacco by a minor. But H&S 11364 is completely inappropriate for a marijuana pipe or papers - heck, its IN the section! Unfortunately I have come across too many officers and attorneys that seem to acquiesce to it. 308(b) works just as well.

Carl

Papers & Pipe

CA - Looks like I'll beat the second charge as pot WAS our only vice...they got a pipe and a box of papers with 10 or so packs in it. As my wife told the two officers, "My husband is an accountant and likes to buy in bulk...He shops at Costco".