sale of marjuana

What is the name of your state (only U.S. law)? CA
My son was arrested with two ounces of MJ and the case is pretty strong against him. There is some question that the police officer violated his maranda rights when questioning but I have been told that they have a good case regardless. He was charged with Possession of MJ for sale which is a felony. He was offered 11357a (concentrated MJ) 3 years probation. He is 19 and this is his first offense as an adult. He was arrested as a juvilnile for the same offense but no formal charges were made. I believe that the DA is influenced by his juvenile occurrence and according to the laws, he should not be. We feel that the 11357c is more appropriate because that is what he had in his possession but we are afraid to push back. Any thoughts.

I'm missing something. You say they have offered him a plea bargain (reducing that actual and legit felony charge to a misdemeanor) when they do have a strong case for the original charge. I don't see where you feel you have any right to push anybody for anything. They could just as easily take any offer off the table and go with the original charge.

Thank you for your response. You are correct, they don't owe me anything and believe me we are thankful for the offer. I'm trying to do the best I can to understand the process. Since they have offered the misdemeanor then why not offer what he actually had? Why offer one based on what he didn't have? Is it because this one holds more jail time if he violates probation? They are not giving him jail time, but probation and community service so im trying to understand. Thanks for your response.

a huge reason people are offered deals is simply to save the time and effort it takes to try a person. It is a cost and time saving measure. Especially when there is a strong case against the person, that is about the only reason to deal/ It is often restricted to those that aren't seen as career criminals.

The penalty for both 11357(a) and (c) appears to be the same so you would be arguing a relatively moot point.

If they are arguing that what he possessed was "concentrated cannabis" he can always direct his attorney to take it to trial and then try to beat the case due to a lack of established elements.

However, unless the DA is asleep, he will see this coming.

Of course, there IS the possibility that he DID possess concentrated cannabis? Did he possess any oils, resins, or other marijuana based products at the time?

It certainly appears your boy has a problem. He did not take the previous pass as good luck and a warning and then continued to play with dope ... let us hope that he takes this for the wake up call it is before it gets worse down the road.

thank you for your response. We really appreciate it.