Possession, but I Had Nothing on Me

My question involves criminal law for the state of: CA

Last night a friend and I were at a restaurant. We decided to order some food, and then go out and smoke a bowl while we were waiting. We go out to my other friends car, get in the back seat, and start to smoke. Cop rolls up behind us so my friend puts everything on the floor of the car, puts a jacket over it and we get out of the car.

Now let me point out, the officer saw MY FRIEND do this, and not me.

The officer calls us over and so we both go over. My friend starts saying some story about how we were looking for my phone, but it was obvious what we were doing so I did not say anything.

The officer asks why it smells like marijuana, and we admitted to smoking.
My friend is on probation search and seizure are part of his terms of probation.

The officer searches the car and finds the weed and a pipe on the floor by where my friend was sitting. The police officer asks whos it is and I deny it being mine, since it sincerely was my friends weed and pipe. M friend denys also at first, but eventually admits that the weed and pipe are his, as they truly were.

Now, there was nothing illegal in the car on the right side of the back seat which is where I was sitting. The police officer searched me and I had nothing on me.

The police officer cited us both for possession of marijuana under 1 oz. I however, never possessed any marijuana. Should I not have been cited for something like public intoxication instead? Is this worth fighting in court? Also, if I accept doing an 8 hour drug class, will this go off of my record? I am 17 years old. Thanks.

You told the cop you were smoking.

You may not have had anything on you, but you will both share what was found... because YOU TOLD THE COP YOU WERE SMOKING IT.

I gotta say... you order food and can't wait until it is ready before you HAVE to go out and smoke? Were you guys going to drive afterward? Did you think the other people in the restaurant wouldn't have been able to smell it?

I thought pot wasn't addictive.

So I still get possession even though my friend admitted it was his?

And no neither of us were going to drive. And to be honest everyone else in the restaurant was just as high as we were, its a hippyish restaurant and everyones really laid back and mellow.

And yeah, I thought it would be fun to smoke a bowl and eat some delicious raw vegan food, so I smoked some pot in the parking lot. Don't quite see how thats such a horrible crime against humanity, and I dont see anyone being victimized besides maybe myself and my friend.

Possession requires knowledge and the constructive control of the contraband ... you knew it was there because you smoked it, and you exercised control over it because you smoked it. In other words, you were in possession of the marijuana.

Is it a crime against humanity? No. Is it a crime in the state of California? Yes.

Yes, diversion can get this off your record.

You might consider asking if mom and dad will hire an attorney for you.

- Carl

Since I am a minor, if I just plead guilty in court and pay the fine, then will this be off of my record when i turn 18?

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Quoting elementboarder

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Since I am a minor, if I just plead guilty in court and pay the fine, then will this be off of my record when i turn 18?

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No.

If you were cited for H&S 11357(b), the offense disappears after 2 years. There will be a record of the contact at the local agency, but no record of the conviction should exist after 2 years.

From the CA Courts at www.courtinfo.ca.gov:

Marijuana Possession Offenses

If you were convicted of possession of marijuana for personal use then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code Sections 11361.5 and 11361.7 all possession of marijuana for personal use convictions, after January 1, 1976, are erased from your record after two years. BE CAREFUL! The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record.

- Carl

Hmm interesting. My whole life I've been told that once you turn 18, your record starts fresh, is there any truth to that or did I get the complete wrong story?

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Quoting elementboarder

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Hmm interesting. My whole life I've been told that once you turn 18, your record starts fresh, is there any truth to that or did I get the complete wrong story?

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For other offenses you would have to petition a court to "seal" your juvenile record, but it is NOT automatic.

Juvenile Records

Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing.

Juvenile records are not automatically sealed upon your 18th birthday. You must affirmatively petition the juvenile court to have them sealed. You can do this by filing out a form and filing it with the juvenile court in the county in which you were convicted. Contact the juvenile court in the county you were convicted, and ask them to send you a copy of the form used in that county. Check to see if they have any special filing requirements such as additional photocopies or the need to serve copies of the petition on any government agencies, and get the correct information for filing by mail. Usually, there is no fee.

If you graduated from the Department of Corrections and Rehabilitation, Division of Juvenile Justice This is an external link. Click this icon for our external linking policy., your juvenile conviction(s) will have been dismissed as part of your graduation. If you do not petition to have your juvenile records sealed and destroyed, they will remain on your record until your 38th birthday, then they will be destroyed.

- Carl

Cool. Hey thanks for being so helpful man, I appreciate it.

Also, does anybody have experience with Deferred Entry of Judgment? If I did the 8 hour drug class that they usually offer, how expensive would it be? More or less expensive than just pleading guilty?