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HELP. Penalties for Marijuana Offenses

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Z

zipp456

Guest
In California, a friend of mine was just recently caught for smoking marijuana in his car by forrest rangers. The rangers confiscated a pipe, marijuana and 7 empty bags. My friend is 19 years old and has never committed a crime. This would be his first offense. Anyways, he was given a notice to appear by rangers who cited him violation 11357(b) H&S- Poss of less than 1oz of marijuana. I would like to know what are the possible consequences for this and wether or not he needs an attorney. He is also in his last year of high school and wants to know if the school will be notified. If there evidence that is strongly against him ie; all that was confiscated, then should he plead guilty or no contest? If he does plead guilty then will this go onto his record and what implications could this have on his future for colleges, jobs etc. What kind of sentence would he get? What about that new proposition 36? I need to know what will/could happen to him. This all occured in California so it's under California Law. Thanks
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Good questions and detail. Health and Safety Code violations in California are very serious and are what most judges love to sentence on.

Now, as to this particular crime of HS11357(b):


(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100). Notwithstanding other
provisions of law, if such person has been previously convicted three
or more times of an offense described in this subdivision during the
two-year period immediately preceding the date of commission of the
violation to be charged, the previous convictions shall also be
charged in the accusatory pleading and, if found to be true by the
jury upon a jury trial or by the court upon a court trial or if
admitted by the person, the provisions of Sections 1000.1 and 1000.2
of the Penal Code shall be applicable to him, and the court shall
divert and refer him for education, treatment, or rehabilitation,
without a court hearing or determination or the concurrence of the
district attorney, to an appropriate community program which will
accept him. If the person is so diverted and referred he shall not
be subject to the fine specified in this subdivision. If no
community program will accept him, the person shall be subject to the
fine specified in this subdivision. In any case in which a person
is arrested for a violation of this subdivision and does not demand
to be taken before a magistrate, such person shall be released by the
arresting officer upon presentation of satisfactory evidence of
identity and giving his written promise to appear in court, as
provided in Section 853.6 of the Penal Code, and shall not be
subjected to booking.




1016. There are six kinds of pleas to an indictment or an
information, or to a complaint charging a misdemeanor or infraction:

1. Guilty.
2. Not guilty.
3. Nolo contendere, subject to the approval of the court. The
court shall ascertain whether the defendant completely understands
that a plea of nolo contendere shall be considered the same as a plea
of guilty and that, upon a plea of nolo contendere, the court shall
find the defendant guilty. The legal effect of such a plea, to a
crime punishable as a felony, shall be the same as that of a plea of
guilty for all purposes. In cases other than those punishable as
felonies, the plea and any admissions required by the court during
any inquiry it makes as to the voluntariness of, and factual basis
for, the plea may not be used against the defendant as an admission
in any civil suit based upon or growing out of the act upon which the
criminal prosecution is based.

 

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