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Caught With Drugs in My Car, Charge Amended

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  • 02-10-2013, 12:44 AM
    barassi
    Caught With Drugs in My Car, Charge Amended
    My question involves criminal law for the state of: California

    I was caught with 1 ounce of MJ in my car and the officer gave me a ticket with the code 11357(b). Then a couple weeks later I got a notice of correction in the mail that the violation was changed to 11357(c). I only had a total of 28 grams in my possession. I don't know what's gonna happen. Do I plead not guilty to possessing over an once and tell the judge that it was only 28g grams? I have never been arrested for anything so what might happen? Thanks in advance.
  • 02-10-2013, 09:05 AM
    jk
    Re: Caught With Drugs in My Car, Charge Amended
    If you are not guilty of a charge, you plead not guilty and then prepare to defend yourself. In fact, generally one would plead not guilty even when they are guilty so they have an opportunity to mitigate the impact through negotiations, plea deals, or preparing a defense to the charge.


    Quote:

    Do I plead not guilty to possessing over an once and tell the judge that it was only 28g grams?
    You plead not guilty to the charge of possessing over an ounce and then stop talking. It is then up to the state to prove their charge. Don't do their work for them.

    Since it appears their is the possibility of jail time for the charge, I would definitely not admit to anything. If you cannot afford an attorney, ask for a public defender.
  • 02-10-2013, 09:31 AM
    barassi
    Re: Caught With Drugs in My Car, Charge Amended
    Thank you very much for your help JK.
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