23222(b) VC

California

First time offender...I'm wondering if it would be possible (and okay) to contact the prosecuting officer before my appointed court trial to see if he'll reduce the misdemeanor to an infraction or allow a diversion program (deferred prosecution?).

Also, recently it has become a State-wide amendment that marijuana related misdemeanors be reduced to infractions to cut costs of holding trials, but the bill is not effective until January 1...will this not help me at all?

1. 23222(b) CVC is substantially different than its non vehicle code counter part, 11357(b).

If you are actually charged with 23222(b) and not 11357(b) You would do well to not accept any deal that doesnt involve a plea/diversion to 11357(b) and NOT 23222(b)

1st offense - You ARE statutorily eligible for diversion. PC1000

The DA cannot drop it to an infraction, there is no provision in the law for that. That is Jan 1 when it goes to an infraction. (a law I detest quite frankly) Maybe you can drag it out until then if you work it right.

Understand 11357(b) misd or inf seals / destroys /expunges (whatever you want to call it) itself AUTOMATICALLY in the records of all state/county/city agencies in 2 years. You would not need to ever disclose it in CA after 2 years. (11361.5 h&s)

23222(b) does NOT.

If I were charged with 23222(b) I would get a lawyer, even a PD, then insist on whatever deal or diversion I agreed to be to 11357(b) and NOT 23222(b). It should be easy to get done, btw. Prosecutors know whats up on this. Its no problem for the vast majority of them I'm sure.

thanks for the info..

so what happens to my public records if i receive a deferred judgement for 23222(b)?

if i do somehow miraculously get an extension to beyond Jan 1, will the new law even protect me since my citation is dated before the law went into effect?

i've been through traffic court before...officer came to see me before i stood in front of the judge, and he offered a lower fine if i pleaded "guilty or no contest". one officer among the courtroom asked the judge that the person he was prosecuting be dismissed of the ticket. anyway, in court for my present ticket, will i have a change to speak with the prosecuting officer to request diversion? or would it be most beneficial to me to get a public defender?

Because you sound statutorily eligible for diversion, you should receive your PC1000 info from the court/DA without even asking. The DA MUST file that with the court. In other words, by law you are entitled to diversion and they gotta tell you about it. You wont need to be "hat in hand" to the prosecutor about that.

You should definitely get a PD.

Let me ask you, why do you want diversion? Are you under 21? A student with Fed Loans? Diversion is more expensive than the fine and usually not worth it unless you have a reason you want diversion.

23222(b), if convicted, and unlike 11357b H&S, will basically stay on your record forever and could haunt you. After 5 years the court might destroy the file itself (it will still be in their puter) and you would be able to expunge it, but it will follow you around. 11357b goes away all by itself... diversion program or no diversion program.

i am seeking diversion because i don't want the 23222 conviction on my record following me around forever. i am to understand that if i do receive a deferred judgement, that the 23222 will not stay on my record...

or am i misunderstanding something?

i'm also under the impression that PDs are morons and/or could care less about my verdict and won't necessarily benefit my defense...

Good luck then! You'll have no prob getting diversion. You PD can help you with this or heck the DA will likely walk you through it right there at arraignment and get it done right there. At our court you would get a little packet of PC1000 info when you are given a copy of the complaint and thats likely similar everywhere as the DA is required to notice the court of your eligibility if they find you eligible.