Notice to Appear HS11357(a)(1)

[CA_Dad]

Son (16yrs old) who has no previous offenses and stellar grades was provided a Ticket(Checked Traffic) with the Code and Section as HS11357(a)(1) and checked I (Infraction) and was not arrested - He was walking through park on his way back from lunch with another friend (who is a witness to the Incident) - He was in the wrong place at the wrong time when the AP and SRO showed - He arrived where the group of kids were at while passing by on his way back to school - Once the AP and SRO where spotted, another minor gave him a vape pen to hide because they had other illegal products in their backpack - He got scared and hid behind a tree and dropped the pen - I tested him and he showed up negative for the THC - He was in the office for almost 2 hours and he stated that they would not let him call me, it wasn't until 2:45pm or so when I received a text from him and a call from the school, which I was already there I was waiting in my vehicle to pick him up at the end of school - The description on the incident report from the school and my son's text message contain different details on the events that took place - They suspended him for 3 days under the Ed Code 48900(C) - Should be marked Non-Traffic? Should a signature be on the on the ticket? Will this affect him in getting a CDL? Will my son have this on his record forever? Will he get jail time? Does he need an attorney?

The document from the school was already written an signed by my son before I was there - Could they have scared him into signing as they did would not let him call me until when the he was in the school office?

 

[quincy]

Here is a link to the law your son was said to have violated:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11357.&lawCode=HSC

If your son is guilty of the infraction, he faces, in addition to the school suspension, 4 hours of drug education classes or counseling, and up to 10 hours of community service to be completed within 60 days, and a $250 fine (if this is his first offense).

There is no jail time and the ticket should not have a major impact on his life going forward.

He can consult with an attorney if he intends to fight the ticket. I don't think he can fight it successfully based on the story he has told.

 

[CA_Dad]

I appreciate the feedback. I didn't notice the fine for this particular section but the $250 fall under section (c)(1) not the (a)(1) so maybe he won't be fined.

 

[HRZ]

At 16 your son needs a solid refresher course about guilt by association and being an accomplice with others engaged in illegal conduct.

I just gotta wonder about school holding a minor student in a office until they sign a "statement " without allowing them to first contact parent if they clearly request same .
( I've seen some case law about school not being required to advise student of any such right ...but it was NOT a CA matter....if son wants to review it with paid counsel in your area ...fine ...but It may not alter his " confession." ...)

 

[Zigner]

This is California. Of COURSE he'll be fined...and it won't be $250 that is owed. It will be considerably more.

ETA: He's also going to need to pay for any courses/community service time he does.

ETA More: Your child WAS (per your story) in possession of the vape pen.

 

[quincy]

I appreciate the feedback. I didn't notice the fine for this particular section but the $250 fall under section (c)(1) not the (a)(1) so maybe he won't be fined.

He should count on paying for the drug education classes/counseling and costs involved in satisfying the community service hours.

I now see that the $250 is for offenders 18 years or older so I am not sure of the amount of his fine.