Minor in Possession of Less Than an Ounce of Marijuana in Car, First Offense
My question involves criminal law for the state of: California
I am 16 and, last night, my car was searched by a policeman under suspicion of possession of marijuana. My friend was in the car and when the policeman found it, we said that we shared it. After going through the steps, the policeman issued a citation and said that I would be charged with possession while driving and my friend with possession of less than an ounce. I have already done some research and found section 23222(b), which will probably be my charge. I am also aware of the diversion program that my city's court has, and I plan on doing it to avoid being convicted. I know what I have done and how extremely stupid it is, and am dealing with the consequences, so I don't need moral rectitude, but I do need advice on what happens now legally.
I am an A student and participate in extra curricular activities, I am also aiming to go to a good college. I can accept my immediate consequences, but I do not want this idiotic thing that I did as a teenager to affect me when applying for colleges and so on.
Please help, I want to know in detail what the best thing to do is in order to have the minimum amount of penalties for this, and I don't want it cleared just so that I can do more dumb things, I actually want to clean up my act.
Any advice or information is greatly appreciated, as well as any details on the legal process such as how to pay the fine/what to plead/when to plead, etc.
Thank you so much for your help,
G.
Re: Minor in Possession of Less Than an Ounce of Marijuana in Car, First Offense
Quote:
Quoting
grab567
My question involves criminal law for the state of: California
I am 16 and, last night, my car was searched by a policeman under suspicion of possession of marijuana. My friend was in the car and when the policeman found it, we said that we shared it. After going through the steps, the policeman issued a citation and said that I would be charged with possession while driving and my friend with possession of less than an ounce. I have already done some research and found section 23222(b), which will probably be my charge.
"Probably?" You wrote that he issued you a citation. What was the charge on the citation?
Quote:
I am also aware of the diversion program that my city's court has, and I plan on doing it to avoid being convicted. I know what I have done and how extremely stupid it is, and am dealing with the consequences, so I don't need moral rectitude, but I do need advice on what happens now legally.
That depends on whether you have been cited into juvenile court or traffic court.
Quote:
I am an A student and participate in extra curricular activities, I am also aiming to go to a good college. I can accept my immediate consequences, but I do not want this idiotic thing that I did as a teenager to affect me when applying for colleges and so on.
The time to consider the consequences of a criminal act is BEFORE you commit the crime. I tell kids that a single arrest or conviction for drugs or alcohol (even marijuana) can ruin scholarship and college opportunities, job opportunities (including the military) and can close a number of doors that might otherwise have been open. But, teenagers being immortal and all-knowing tend to think that it won't happen to them, or, because it's "stupid" it won't effect them. Well, they're wrong. Reality has a way of slapping you upside the head sometimes.
Quote:
Please help, I want to know in detail what the best thing to do is in order to have the minimum amount of penalties for this, and I don't want it cleared just so that I can do more dumb things, I actually want to clean up my act.
The offense is punishable by a fine only. You can choose to take diversion if you wish. But, the specifics will depend on whether this is being charged in traffic court or a juvenile court.
Either way, you will have to have a parent with you. You may find that the punishment you receive from them will be far more harsh than anything the state might dole out. I can guarantee that MY kids would discover that!
Re: Minor in Possession of Less Than an Ounce of Marijuana in Car, First Offense
The charge on the citation is 23222(b). The notice says misdemeanor and says nothing about traffic court, so I'm assuming I will be going to juvenile court. I understand the stupidity of what I have done and my parents are already fully aware and responded appropriately to something as bad as this, especially considering I have never done something like this before. I am somewhat glad that I got this wake-up call, I wish that it had only been from my parents and not the state because I can understand and deal with my parents' consequences.
I just have a question as to whether I can plead not guilty at this point. I know that I could potentially claim that it was not mine, but does what I said to the police at the time of the violation matter? I am willing to pay the fine, which I understand is the only thing they can punish me with, but I need to know if I plead guilty and accept whatever they give me if it will go on my record or not?
Thank you so much for replying, I could really use some guidance at this point.
G.
Re: Minor in Possession of Less Than an Ounce of Marijuana in Car, First Offense
Quote:
Quoting
grab567
The charge on the citation is 23222(b). The notice says misdemeanor and says nothing about traffic court, so I'm assuming I will be going to juvenile court.
That's still not a given. Does the citation have the address of a court checked? Or, is it written in? Most citations do not indicate the address of "Juvenile Court" on the citation, but will either have a box indicating that the subject will be notified by Juvenile probation.
If it merely indicates a courthouse, then it's possible that it could still be transferred to Juvenile Court.
Also, VC 23222(b) is an infraction and NOT a misdemeanor. If the officer indicated as such, he was in error because the law changed over three years ago.
Quote:
I just have a question as to whether I can plead not guilty at this point. I know that I could potentially claim that it was not mine, but does what I said to the police at the time of the violation matter?
You will have the option of pleading however you choose. But, understand that what you told the police CAN be used against you. And, as it is an infraction, the court cannot appoint you legal counsel. if you want an attorney your parents will have to pay for one and he or she will cost far more than the associated fines and penalties.
Quote:
I am willing to pay the fine, which I understand is the only thing they can punish me with, but I need to know if I plead guilty and accept whatever they give me if it will go on my record or not?
It will be on your driving record, yes. It will not go on a state criminal offender record, though the contact will remain in the local police system until they purge their records (which might be never).