Possession Of Marijuana In California

My question involves criminal law for the state of: California

Hello. First time poster on these forums, hoping to find some peace of mind, or at least prepare me for the worst.

I am an 18 year old California resident, and was charged with possession of marijuana(not in a school zone or anything of the like). To be very specific, I was charged with this:

http://img181.imageshack.us/img181/3127/chargexa0.png

Now, I am a first time offender, and this was the only thing written on the yellow paper they gave me.

What am I looking at? In my research I have found that I can be fined up to $100, but I also found out that I could lose my license.

What are the details on the whole license situation, and is there any way I can try to fight this case? I have no job at the moment, and cannot afford a lawyer.

Any help is appreciated. Thank you.

HI,

I did some searching online and it seems that the one year suspension may be mandatory for anyone under 21 convicted of marijuana possession. I found some information on a San Luis Obispo attorney's website:

Persons Under 21 Years of Age
In California, a person under the age of 21 who is convicted of any alcohol or drug offense, including minor in possession, drunk in public, and possession of marijuana, even if he or she was not driving at the time, faces a mandatory one year license revocation.

http://www.steinandcasciola.com/Prac...uspensions.asp

It seems unfair to me to only suspend driver's licenses of those 18-20 and not anyone over 21? I agree with this penalty for teens that are under 18 but metering out this punishment for for a select group of adults 18-20 sounds discriminatory.

Good luck... I hope things work out for the best.

:cool:

Well, that just stinks.

I read somewhere that that law about the driver's license situation had expired though. Anyone know if there is any validity to this?

And if it was in my car, but I wasn't driving, will this be reflected onto my insurance? If so, will it be reflected onto it before my court case, or after?

Thanks again.

Sorry, but the section lives:

CVC 13202. (a) A court may suspend or order that the department revoke
in which case the department shall revoke the privilege of any person
to operate a motor vehicle upon conviction of any offense related to
controlled substances as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code when the use of a motor
vehicle was involved in, or incidental to, the commission of the
offense.
(b) A court shall order that the department revoke and the
department shall revoke the privilege of any person to operate a
motor vehicle upon conviction of a violation of Section 11350, 11351,
11352, 11353, 11357, 11359, 11360, or 11361 of the Health and Safety
Code when a motor vehicle was involved in, or incidental to, the
commission of such offense.
(c) The period of time for suspension or the period after
revocation during which the person may not apply for a license shall
be determined by the court, but in no event shall such period exceed
three years from the date of conviction.

So, you can lose it for up to three years ... not likely, though.

- Carl

But that document says the section about when a motorvehicle is involved. I was not driving.

Quote:

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Quoting Sh1zn1t

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But that document says the section about when a motorvehicle is involved. I was not driving.

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Were you in a car - any car? Was the marijuana found in a car?

If it was connected to a car in some way, then a vehicle was involved. If not, then you may be okay with regard to your license.

- Carl

dang, I was in a car at the time, and the buds were in my car. :(

Money is low, so I'm probably gping to get a public defender. Any chance I can get the penalty reduced to classes and/or probation?

Quote:

---

Quoting Sh1zn1t

---

dang, I was in a car at the time, and the buds were in my car. :(

Money is low, so I'm probably gping to get a public defender. Any chance I can get the penalty reduced to classes and/or probation?

---

There is always a chance ... it really depends on what is available where you are.

- Carl

Under Penal Code 1000, how can I go about doing the pre-guilty plea so that I can do an informal diversion?

You will have to speak to your attorney on how to access PC 1000 as I believe it requires a plea or conviction.

- Carl