Hi FreeAdvice,
My brother (24) is a California resident who was charged tonight with HS 11360, presumably A. The circumstances of his arrest, from what I've gathered, are as follows:
He and a mutual friend of ours were smoking in the friend's car near our home when an officer passed by. Upon seeing them, he detained and questioned them. Initially, our friend claimed that the marijuana belonged to him, but when questioned about how he got a hold of it, he pointed to my brother. At this point, my brother claimed ownership of all the marijuana, as he has his prescription and had in fact been the one to purchase it. Apparently, during individual questioning, my brother admitted to "giving" our friend some of the weed, while our friend played the honesty card and told the officer that he'd given my brother money to buy it for him. They were both arrested and my brother was held with the aforementioned charge. The total amount that they had was only 1/8 of an ounce, if not less.
We're planning on bringing the situation to a lawyer right now, but after Googling HS 11360, my brother and I are both shaken up and unsure of what to expect. Initially, I was hoping that the information they'd given to the police would be insufficient to hold the charge up such that we might be able to aim for a reduced charge, but given what our friend told the officer, I'm wondering how likely that'll actually be.
Any advice, support, or reassurance would be greatly appreciated. I'm convinced that no one in their right mind would subject my brother to anywhere near the full extent of these charges for an eighth of weed, but he's understandably fearing the worst possible outcome as he's never been arrested, has a clean record, and at the end of the day is just a harmless pothead who made a stupid decision and was in the wrong place at the wrong time.
Thanks in advance.What is the name of your state (only U.S. law)?
My brother (24) is a California resident who was charged tonight with HS 11360, presumably A. The circumstances of his arrest, from what I've gathered, are as follows:
He and a mutual friend of ours were smoking in the friend's car near our home when an officer passed by. Upon seeing them, he detained and questioned them. Initially, our friend claimed that the marijuana belonged to him, but when questioned about how he got a hold of it, he pointed to my brother. At this point, my brother claimed ownership of all the marijuana, as he has his prescription and had in fact been the one to purchase it. Apparently, during individual questioning, my brother admitted to "giving" our friend some of the weed, while our friend played the honesty card and told the officer that he'd given my brother money to buy it for him. They were both arrested and my brother was held with the aforementioned charge. The total amount that they had was only 1/8 of an ounce, if not less.
We're planning on bringing the situation to a lawyer right now, but after Googling HS 11360, my brother and I are both shaken up and unsure of what to expect. Initially, I was hoping that the information they'd given to the police would be insufficient to hold the charge up such that we might be able to aim for a reduced charge, but given what our friend told the officer, I'm wondering how likely that'll actually be.
Any advice, support, or reassurance would be greatly appreciated. I'm convinced that no one in their right mind would subject my brother to anywhere near the full extent of these charges for an eighth of weed, but he's understandably fearing the worst possible outcome as he's never been arrested, has a clean record, and at the end of the day is just a harmless pothead who made a stupid decision and was in the wrong place at the wrong time.
Thanks in advance.What is the name of your state (only U.S. law)?