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First possession ticket...

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RBE

Junior Member
First possession ticket...advice?

California:

I got a marijuana possession ticket, I had about a gram on me yesterday. My friend got pulled over for "driving in the bike lane" and the cop searched the car. I'm going to call the court to get the arraignment date as soon as possible but is there anything I can do the minimize the fine, and how badly does this ticket screw me over? I don't think I can get out of it because I admitted to having it. I screwed up I think.

I'm 19 in Irvine, CA with a clean record.
 
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RBE

Junior Member
Alright this didn't get any responses so I'll clarify:

1. I called a lawyer and he told me that because I'm under 21 I'm liable to lose my license. Is this a guarantee? I'm fairly dependent on my license, I travel between Irvine and Walnut Creek fairly often, as I'm a student going to UCI and living in Norcal.

2. I wasn't driving the vehicle, just a passenger. Will insurance companies still nail me for this possession ticket?

3. I am a clean student, and this makes me want to quit. Is this entire proceeding and the end fine entirely dependent on my interaction with the Judge? IE is making a good impression the only power I have?

I'm going clean-shaven, in a suit, and I was very polite with the cops. In fact we were talking afterward, and besides that I mentioned having an incredibly stressful day, I don't think I mentioned anything incriminating.

4. I've been told I can try to ask the judge for a class which will leave this stricken from my record. Is this NA? Does anyone know how long the class is or does it vary by order?

5. The pot was in a med bottle that I got from a friend. Will this impede my credibility?

Thanks for your help guys, I appreciate it.
 
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CdwJava

Senior Member
RBE said:
1. I called a lawyer and he told me that because I'm under 21 I'm liable to lose my license. Is this a guarantee? I'm fairly dependent on my license, I travel between Irvine and Walnut Creek fairly often, as I'm a student going to UCI and living in Norcal.
The court MAY suspend your license ... they may also permit you restricted use for school and work.

2. I wasn't driving the vehicle, just a passenger. Will insurance companies still nail me for this possession ticket?
Possibly. That's up to them.

3. I am a clean student, and this makes me want to quit. Is this entire proceeding and the end fine entirely dependent on my interaction with the Judge? IE is making a good impression the only power I have?
The fines are generally fixed. The base fine is $100. The total fine with fees and surcharges will probably be about $250.

I'm going clean-shaven, in a suit, and I was very polite with the cops. In fact we were talking afterward, and besides that I mentioned having an incredibly stressful day, I don't think I mentioned anything incriminating.
Being positive and contrite will get you some sympathy, but since it is a fine only offense, the only thing that you might really be able to hope for is that the judge does not suspend your license.

4. I've been told I can try to ask the judge for a class which will leave this stricken from my record. Is this NA? Does anyone know how long the class is or does it vary by order?
You'll have to ask. These usually consist of 8 months or longer ... but the classes may vary.

5. The pot was in a med bottle that I got from a friend. Will this impede my credibility?
Only if you lied.


- Carl
 

garrula lingua

Senior Member
You will probably have 2 pretty good options:
1. Dep Dist Atty diversion - this is an informal decision, by the DDA, to fashion some alternative punishment, as your DL will be affected. It's usually about 14 NA (Narcotic Anonymous) meetings. They're similar to AA meetings - an hour each, get the sheet signed to show you attended (most DDAs will allow AA or NA - there's more AA meetings).
That is your best alternative.
2. By law, you have the right to Deferred Entry of Judgment. It's rarely used for mj, but it is designed to keep a first offender from getting a drug offense conviction. It's an 18 month period of staying in compliance with all laws, a short drug class, and quite expensive as you pay probation fees; it also requires several court appearances.

Speak to the DDA at your arraignment and plea (the date should be on the bottom of your ticket). If the offer is for a conviction only, ask for a continuance to hire an atty.
As you stated, dress well, be respectful and bemoan the fact that you had a clean record.
The decision is entirely with the Deputy Dist Atty/Prosecutor.

*conviction is $100 fine, no probation, no jail. Unfortunately, H&S11357b consequences say the court should send an abstract to DMV re the conviction and your DL should be suspended for one year. This conviction can also have consequences on future employment.
 

RBE

Junior Member
Alright this is really good. Thanks. One more question then.

I've only been to traffic court hearings, so I've never really dealt with a DDA before. Wouldn't I just be going up to a judge who's going to ask my plea? Or will the DDA be there too?
 

garrula lingua

Senior Member
The Judge really has no ability to change, dismiss, reduce the charge - only the Prosecutor can.
Some Commissioners/Judges ask the Prosecutors in their court, not to speak with defendants who represent themselves (to protect the def from making an incriminating statement to the Prosecutor who can be a witness agin Def.) ... in those courts, a Def has to ask the Judge if he may speak with the Prosecutor off the record.

In most courts, after you sign a waiver of atty, the Prosecutor will make an offer on your case. It's at that point (usually at the first appearance - the arraignment and plea) that you would know what diversion program is available.).
... when you appear, you usually sign in at the clerk's window, if you're 'pro per' and sign the paperwork, then proceed to the correct court. In court, the Prosecutor will appear with the cases for that day (s/he'll see yours for the first time that morning); the Proseutor will go thru their calendar & usually make offers, on the spot, for the pro pers who haven't appeared before the Judge yet. The Pros will confirm what you're charged with, offer a plea and ask you how you want to plead. Depending on their calendar, they may only have a minute, so either decide or tell them you want to think about it as it is new to you, and have a seat & ask the Prosecutor to put you at the back of their calendar for now. Approach them (or ask the Bailiff if you can) when they appear free and discuss it further. Your case is probably one of fifty on that day's calendar & the Prosecutor may also be in trial or doing Preliminary Hearings in between the calendar. It may be a good idea to take your time, be sure you understand what is being required of you, and don't rush to get out of court. (If the Prosecutor is offering something like 12 Narcotic Anonymous meetings for a dismissal, I'd jump on it & not wait - just be sure you understand the offer.)

The most informed, and usually among the kindest, person in court is the Bailiff - person in Sheriff's uniform, running security and helping with the calendar. If you can approach the Bailiff, when the court is quiet, they often can give you info.

If you decide to appear 'in pro per' (representing yourself), and the Prosecutor doesn't make an offer other than a straight conviction, ask for a continuance to hire an atty. Even if you come back without an atty, there may be a different Prosecutor or you can gather more info in the interim (if no Prosecutor deviation offered, then ck the DEJ program).

The people who know that Judge and Prosecutor best are the staff - the Bailiff, court clerk, reporter, etc. You can often approach them in the afternoon, when it's quieter, and get helpful info (including who is the best atty for your problem).
Good luck.
 
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RBE

Junior Member
Alright I got back from court, and got the diversion for an 8 hour class. Thanks for your help Garrula, I really appreciate it.
Craig
 

garrula lingua

Senior Member
I'm glad it worked out for you.
Be sure to do that class ASAP, and get the documentation you need for court & return it to court. They'll hammer you if you goof up the class.

Good luck. Hope you don't ever have to go to court again.
 

Swiftstriker

Junior Member
I'm glad it worked out for you.
Be sure to do that class ASAP, and get the documentation you need for court & return it to court. They'll hammer you if you goof up the class.

Good luck. Hope you don't ever have to go to court again.
Hey, after reading this thread... i realize im in such a similar situation. I was hoping to get some personal advice from you, since it seems you know what you say.
I have the same misdemeanor... 11357(b). What can you tell me about what to do in court?
 

The Occultist

Senior Member
Hey, after reading this thread... i realize im in such a similar situation. I was hoping to get some personal advice from you, since it seems you know what you say.
I have the same misdemeanor... 11357(b). What can you tell me about what to do in court?
It is considered rude and inappropriate to hijack another thread. Please start your own.
 

Swiftstriker

Junior Member
...

I'm not hijacking anything... but if you consider asking for help from another person's thread, then let that be your definition. I have started my own thread actually, but in this case, this person had already gone through court and got his situation settled. I'd like to know how he did it...

Your not my mom nor my father... who are you to teach about politeness.

ANYWAYS....

As i was saying Garrula... can you help me out please if thats not too much of a hassle?
 
It is considered rude and inappropriate to hijack another thread. Please start your own.
Main Entry: hi·jack
Variant(s): also high·jack **hI-"jak/
Function: transitive verb
Etymology: origin unknown
1 a : to steal by stopping a vehicle on the highway b : to commandeer (a flying airplane) especially by coercing the pilot at gunpoint c : to stop and steal from (a vehicle in transit) d : KIDNAP
2 a : to steal or rob as if by hijacking b : to subject to extortion or swindling
- hijack noun
- hi·jack·er noun

i have often seen people falsely accusing others of "hijacking" a thread. it seems in this case, he was just asking for some info that was related to the OP's case. he was not "stealing" it for his case other than to mention that he had a similar case pending. he was not changing the thread around to fit his needs. he simply asked what to do or say in court in a similar case with the same charge...IMHO, he was not "hijacking" the thread. this term is used to loosely and would be found to be offensive if read by someone who actually was involved in a REAL "hijacking".:rolleyes:

i think i would rather have an open dialog with questions about the same thing, in hopes of answering everyone questions and needs in one post if the situation was similar instead of having hundreds of posts that sometimes go unanswered because of the sheer number of them.
 
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The Occultist

Senior Member
*sigh* Welcome to the english language, which tends to allow quite a bit of versatility to words, as well as the phenomenon knowns as "slang". Now you have attempted to hijack the thread. Good job.
 

traveling

Junior Member
swift,
What was your question ?

If you're in the same boat as OP, follow the same process (but, what county are you in ?).

Most DDAs & City Prosecutors will do their own form of diversion - most frequently about 12 AA/NA meetings (12 hours).

Do your best to keep a conviction off your record (unless you already have several misd convictions or a felony conviction - then this is nothing).

Good luck.
Remember, the Prosecutor is the one who can reduce or dismiss this charge (... unless you're in Texas, where the world is upside down). Be respectful to everyone (Occ helps a lot of people - be respectful).

Again, good luck
Garrula ... traveling in New York City, my home town.
 

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