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1st offense penalties

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babyadrea

Guest
My friend was recently in San Bernardino county in California and was stopped by the police. They searched the car and found 6 oz. of marijuana in the trunk. There were two of them in the car. This is his first offense. Does anyone know what the breakdown is for 1st offense, 2nd offense, 3rd offense for that amount of weed in San Bernardino county is? He hasn't even gone to court yet but he doesn't know if he should plead guilty to possession if it is going to be a harsh sentence. Please help!
 


calatty

Senior Member
He shouldn't just plead guilty because he has a few options. First, if he thinks he can prove he is not guilty, he should plead not guilty. If not, then he may be eligible Proposition 36, which allows him to get "treatment" and no conviction. Alternately, he may be eligible for "diversion" under Penal Code section 1000, which will also avoid a conviction. If for some reason he doesn't want or qualify for those options, the penalties depend on what he was charged with. Possession for sale of six ounces could get him 16 months low term to 3 years high term, but he would probably be offered a plea to something far less like probation.
 

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