probation/1st possession ?

probation/1st possession, CA, pending outcome?

We are from CA, and have a question... My boyfriend received a ticket while transporting 2 passengers in June for "possession of marijuana, less than one ounce" that belonged to one of the passengers. Since it was found on the floor, he received the citation. From my understanding, this is a misdemeanor offense and is only punishable by a $100 dollar fine (max)... as stated in code cvc 23222 (b)...Also will this stay on his record for 7 years, he was not booked, just cited. He has a recent drug test from work that he is bringing to court to show that he is clean (he hasn't smoked weed since high school, and he is now 24)

Our question however, is that he is currently on 3 years probabtion for a misdemeanor offense which he received work (community service) hours for, and has already completed. And there is a prior misdemeanor on his record when he was 18.

Do you think that this will ultimately alter the outcome of his drug charge...by the way, this is his first drug charge... if you can help we would greatly appreciate it

It will stay on his driving record for 7 years. And unless he is on current, active probation for another offense, I don't think he has much to fear aside from a fine on this one - at least not jail time.

Carl

Has he been charged with a probation violation? If he completed all of the terms of his probation why hasn't your attorney petitioned the court for an early release from the probation. What was the original charge for which he is on probation?

previous charges

I really don't know if this makes a difference, but he is on "good behavior probation" for another charge. His old company was accused of "padding" hours on their employees checks (you know, friends in payroll helping friends that work in the offices...) Since he was not involved in actually "padding" the hours, he and all of the other workers were let off with misdemeanors (I'm not sure what the charge is exactly, probably theft) with the choice of 1 and a half months jail time, or 3 months community service, they all took the community service...So the first charge has been corrected...

Secondly, when he got pulled over, his passengers probation came up, but he's on probation for different reasons (hence the reason they searched the car), and my boyfriend's didn't, I don't know why his probation didn't show, but the officer said that "he was transporting a probationary and had to search the car"

we never got an attorney (just a public defender). We really didn't want to pay a couple thousand for an attorney for a misdemeanor traffic violation

Thanks for the advice in advance...

Did you ever check whether your friend qualified for Proposition 36 treatment of diversion so he wouldn't have a drug conviction on his record? It is not a "traffic violation." And a public defender is an attorney. Your boyfriend is pretty unlucky, getting misdemeanor convictions for hours he didn't pad and drugs that didn't belong to him. If he is innocent, he should be pleading not guilty instead of guilty.