a YEAR for a pipe???

[rainbowgangstarr]

CALIFORNIA

I was in a vehicle that was pulled over in Santa Barbara. After a thorough search the police found nothing but a very clean meth pipe on me. there was absolutely no meth in it, I had just cleaned it completely with a magic eraser inside and out. The cop said that I was going to get a ticket for the pipe, lo and behold when I went to sign for the ticket it was the pipe and possession for a supposedly usable amount of meth in the bowl. I go to court and they offered me 60 days or I can fight it and face UP TO A YEAR. and the officer has conveniently broken the pipe thus destroying the evidence. or I can take expensive drug diversion classes for the next year to avoid the jail time. For A PIPE, WHICH IS ONLY A FINABLE OFFENSE IN CA. what should I do??? my public defender doesn't seem all that interested in defending me

 

[quincy]

What was the traffic stop for?

Did you consent to a search of your vehicle?

 

[quincy]

Here is a link to California’s law on possession of drug paraphernalia:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11364

You might want to speak to your attorney about your concerns or perhaps you can get a free consultation with another attorney in your area to see what he advises.

 

[CdwJava]

CALIFORNIA

I was in a vehicle that was pulled over in Santa Barbara. After a thorough search the police found nothing but a very clean meth pipe on me. there was absolutely no meth in it, I had just cleaned it completely with a magic eraser inside and out. The cop said that I was going to get a ticket for the pipe, lo and behold when I went to sign for the ticket it was the pipe and possession for a supposedly usable amount of meth in the bowl. I go to court and they offered me 60 days or I can fight it and face UP TO A YEAR. and the officer has conveniently broken the pipe thus destroying the evidence. or I can take expensive drug diversion classes for the next year to avoid the jail time. For A PIPE, WHICH IS ONLY A FINABLE OFFENSE IN CA. what should I do??? my public defender doesn't seem all that interested in defending me

No, the pipe is not an offense punishable by a fine only. Assuming you were cited/arrested ONLY for H&S 11364, this is an offense punishable by a fine of up to $1,000 and/or up to 6 months in jail.

Do you have any prior criminal offenses? Arrests? Convictions?

It seems peculiar that if this is a FIRST offense that they'd be even considering 60 days in jail. Typically, these offenses are offered probation. If sentenced to 60 days, I suspect you'd serve considerably less than that. As you mention, though, diversion is an option. AND, it's a good opportunity to get clean. If you choose to take the opportunity it could change your life!

Are there ways to potentially try and fight this? Maybe. But, it'll be tough, and you'd have to try and argue that the pipe had some legitimate purpose other than the use of ingesting meth. Not an easy sell with a straight face, mind you. But, maybe a jury will shrug it off. Ultimately, if you want to fight the charge and run the risk of a max. jail sentence, that's up to you. Your attorney works for you and if you refuse to plead or take diversion, you can roll the dice.

 

[quincy]

rainbowgangstarr apparently was charged with possession of drug paraphernalia AND also charged with possession of meth.

I think a diversion program is good for those who can meet the terms. The program would require, among other conditions, that rainbowgangstarr submit to random drug testing. But, if the program can be completed to the satisfaction of the court, rainbowgangstarr can walk away from the program in a year with no criminal record.

 

[CdwJava]

Okay, I see that phrasing now. If also charged with H&S 11377(a) then he can be sentenced for up to a year - and that's consistent with what he was told.

Typical diversion programs are 18 months, but these can vary by county and program - PC 1000, Prop 36, or Drug Court. The problem that the state has discovered since they reduced possession of hard drugs to misdemeanors (ironically in an effort to get people into treatment) is that court admissions into treatment/diversion have dropped by as much as 50% in many counties. Without the potential penalty of jail time for drugs, there's no real incentive to subject one's self to 12 to 18 months of regular testing and classes (transportation and course costs to be borne by the defendant). Most offenders find it more palatable to take the misdemeanor conviction hit since any jail time will likely be short (average in this part of the state is about 2 weeks, tops) and probation is typically unsupervised and absent any regular testing - not to mention that the conviction cannot legally be used against them in most hiring evaluations (assuming they are actually looking for work ... not too common for meth. addicts, anyway).

 

[quincy]

The misdemeanor drug convictions affect employment in certain fields (law, education, medicine, law enforcement) and will affect financial aid and travel to Canada and loan rates and insurance rates ... so the smart meth addict (yes, I know ) will seek diversion and treatment over jail time and a criminal record.

Here is a link to HSC 11377:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11377

 

[CdwJava]

The misdemeanor drug convictions affect employment in certain fields (law, education, medicine, law enforcement) and will affect financial aid and travel to Canada and loan rates and insurance rates ... so the smart meth addict (yes, I know ) will seek diversion and treatment over jail time and a criminal record.

NOT the usual fields you find meth addicts getting into. And, honestly, most are more interested in tomorrow's fix than a future employment opportunity for some day if they get clean. This is one of the reasons why most of them do not seek to even try diversion. At least, before, they might try diversion to avoid the potential felony conviction and longer jail time. Now, with little to no jail time and only a misdemeanor conviction, there's no real incentive.

 

[quincy]

I guess on the plus side, rainbowgangstarr cleans his pipe.*

He will want his attorney to review the traffic stop and the subsequent search of his vehicle. And he should discuss with his attorney the pros and cons of diversion.



*apparently not well enough, though

 

[CdwJava]

He should discuss it, but he seems pretty determined not to enter into diversion. It's an argument I have heard a lot - more so since the passage of Prop 47 and AB 109. When one considers the psychology of the addict it becomes easier to understand the <cough> "logic" </cough> in their decision-making process.

 

[quincy]

It’s possible both charges can be dismissed.

 

[CdwJava]

It’s possible both charges can be dismissed.

Possible, yes. They wouldn't even prosecute them around here.

 

[quincy]

Then I guess rainbowgangstarr should hope Santa Barbara has no real interest in fighting the charges if challenged.

I am glad I don’t live in California.

 

[CdwJava]

Well, we're allowing felons on juries and actively recruiting parolees and convicted felons to serve on police accountability boards, so ....

 

[quincy]

I would be willing to bet that California’s Office of Tourism will not be contacting you to appear in one of their promotional videos. Haha.