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Ticket for possession of Marijuana

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Hankton

Junior Member
What is the name of your state? California

I was recently caught with less than 28.5 grams of marijuana in my car in the city of Glendale, CA and given a ticket under code 23222(b) VC. I have spent a lot of time researching and the only information I've been able to find is that there will be a $100 fine. No booking was required. I am desperately trying to find more information concerning the repercussions of the ticket, such as:

A: whether or not it will appear on my permanent record
B: if it will interfere with any job opportunities
C: how it will affect my drivers liscense/ insurance
D: **Will there be a drug test for the court date**
E: any information on court proceedings

If anyone knows the answers to any of these questions please respond soon. Thanks for any help.What is the name of your state?What is the name of your state?
 


CdwJava

Senior Member
Hankton said:
A: whether or not it will appear on my permanent record
It depends on what record you speak of. It will remain on the DMV printout for 7 years ... it should not be on your state criminal history unless you were booked. Even then it can be purged after 2 years as I recall.

B: if it will interfere with any job opportunities
It depends on the job. An employer that does a thorough background check will likelyl find it on court or DMV records. An employer that accepts you at your word - and you deny it - will probably not see anything. In CA employers cannot search state criminal offender records, but they MAY search court records.

C: how it will affect my drivers liscense/ insurance
The court MAY suspend your license. How this conviction would effect your insurance is something to ask them.

D: **Will there be a drug test for the court date**
Probably not "for" the court date, but there likely will be tests as a result of a conviction as a condition of probation. So, start getting used to living clean.

E: any information on court proceedings
Like what? You have an arraignment ... then a trial if it gets that far.

I would recommend consulting an attorney.

- Carl
 

garrula lingua

Senior Member
The DepDist Attys in Glendale will usually do their own diversion (which would be best for you). Try to keep that conviction off your record.

See if you qualify for PD (if you seem to have an abrasive PD, represent yourself), or appear 'in pro per' - representing yourself.

Ask to speak with the Dep Dist Atty, at court, at the first appearance (arraignment and plea). Don't make any comment about the facts of your case, just ask if you can do some NAs for a dismissal or reduction.

If you don't have a record, the DDA will probably allow you to do approximately 24 Narcotic Anonymous meetings (or some Caltrans - cleaning up the freeway) between your first and second appearance. Show up with proof of completion at the next hearing and they will probably dismiss the charge (or reduce to a PC415 infraction (disturbing the peace) for 100 plus penalty & assessments (approx $280).

You really don't want that charge on your record. Do your best to get it dismissed or reduced. The DDA is the only one who can do that, so don't try to convince the Judge if the DDA says no - just ask the court for a continuance to seek counsel with an atty and hope they'll be a different DDA in court next time.
(if the DDA agrees, ask them (diplomatically) to put it on the record so you understand what you have to do - the DDAs transfer very frequently).

Technically, this can qualify for DEJ (deferred entry of judgment), but that will cost you about $600, several court appearances over 18 months, and supervision by Probation.
Prop 36 is even worse with court appearances & $.

The DDAs are usually very nice there. Be respectful and tell them you want to keep your record clean (it it's not clean, don't lie - they have your record).

If the DDA won't reduce the charge, speak to the bailiff and ask what local atty does well negotiating with the DDA on that charge.
 

Hankton

Junior Member
Clarification

Just to clarify, I had in the car only about 7 grams, maybe less. My record is clean and I'm only 20. It was a traffic ticket, but only a misdemeanor. I have heard from many people, mostly friends and people around my age, that it is merely a $100 fine, not much else. I am, however, concerned about there being a drug test involved. If anyone is particularly certain that there either will or will not be a drug test, that information is much apreciated.
 

CdwJava

Senior Member
The fine IS only $100 ... however, there are also other actions the court can take against you - including the loss of your license.

As for the test, I do not imagine they will order a test on that day unless you come to court high. Why are you so paranoid of testing on the court date? Marijuana stays in your system for a month or more, so what would it prove? It is not a crime to have the by-product of THC in your system. If you intend to use meth. or some other hard drug a couple of days before the court date, then you could be in deep doo-doo if they were to test! But, if you used a harder drug, chances are you would be showing some signs of being under the influence while in court.

You do intend to use the time to clean up, don't you? Or did you learn nothing from this episode?

- Carl
 

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