Possession in CA but non-CA resident

New Jersey

About 3 weeks ago, while visiting SF my friend and I were caught with possession of about 1.5 - 2 g of marijuana in Marin County while driving. I was not arrested but cited to appear in court at the end of June for 23222 (B) - possession of less than 1 oz of marijuana without medical ID. The officer noted that he is issuing the notice to appear in court but there is a chance that the case might be dropped/dismissed all together upon reviewal by the marin county DA.

I have been contacting the DAs office but they claim that my case has yet to be reviewed and they have until 2 days prior to my scheduled court date to file it. Being that I live in NJ, I would rather not have to come to CA for the court date if this is declared a case (note: lawyer rep would be too much $ and it appears to be near impossible for a public defender) and would like to get other peoples experiences with such a small amount of marijuana.

Is there a likelihood that this might be dropped all together? I am hoping that it will but im starting to prepare myself to head back out to SF because it seems like the DA is taking their time. Any input would be appreciated.

Its a good thing you're prepared to go out there, because I think that's what is going to happen. I wouldn't be surprised if the D.A. drags you out to CA just to teach you a lesson.

That's a misdemeanor. You can hire an attorney and get out of appearing all together if you want.

If you intend to plea, I would make sure that I only plea to 11357(b) and NOT 23222b - both are possession <oz - they are handled differently in the terms of the way they clear off your record. Any DA will accept that deal.. if it gets filed. Often, when an officer cites for 23222b the DA will go ahead and charge 11357b so it may not be an issue.

I wouldnt guess as to whether they file or not.