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  1. #1
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    Feb 2009
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    Default Possession in California, Around 2 Grams

    My question involves criminal law for the state of: California

    There was a a fight in my dorm building and i just came back from a trip. one of the people called the police. i was leaving the dorm because of the police when they came out of the stairwell and told me to sit. i didnt allow them to search my bags so they immediately harassed me and performed a test on me. i was under the influence of marijuana. they found my bong and told me it wasnt illegal. then they found my fake arizona stash with about 2 grams and a grinder with lighters and joint wraps. they took me gave me a ticket took my fingerprints and photos. they released me and told me i have to go to court and just pay a ticket. how much is this going to be. and what should i do in court?
    thank you

  2. #2
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    Default Re: Possession in California, Around 2 Grams

    Quote Quoting ARkyness
    View Post
    ...
    what should i do in court?
    ...
    Here are some hints on appearing in court:

    Dress professionally in clean clothes.

    Do not wear message shirts.

    Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

    Bathe and wash your hair.

    Do not bring small children or your friends.

    Go to court beforehand some day before you actually have to go to watch how things go.

    Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

    Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

    If you have a cell phone, leave it in your car.

    Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

    1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

    2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

    3. I’ve got a job/military posting in [name a place five hundred miles away].

    4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

    5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)


    Public defender’s advice
    http://newyork.craigslist.org/about/.../70300494.html

  3. #3
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    Feb 2009
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    Default Re: Possession in California, Around 2 Grams

    on my ticket it only says 11357 (b) H85 - poss. of less than 28.5g of marijuana.

    1) so even though they caught me with the bong grinder and joint wraps they did not charge me of paraphernalia?

    2) how much will this ticket be overall?

    3) also the police broke my bong and broke my stash jar. should i bring this up if i have pictures of the broken items?

  4. #4
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    Default Re: Possession in California, Around 2 Grams

    California Law Regarding Possession of Marijuana for Personal Use

    California Health & Safety Code 11357 HS defines the law regarding simple possession of marijuana (meaning possession of marijuana for personal use, as opposed to possession of marijuana for sale). HS 11357 draws a critical distinction between possession of less than an ounce of marijuana, and possession of more than an ounce.

    HS 11357 B Possession of Under an Ounce of Marijuana

    Health & Safety Code 11357 (B) HS makes it a misdemeanor-and therefore a crime-to possess marijuana (even in a small amount of less than an ounce, that is less than 28.5 grams). However, the maximum sentence for a HS 11357 B violation is a $100 fine plus court surcharges. No jail time or probation may be imposed.

    The concern of most people charged with HS 11357 (B) is simply the stigma of having it on their criminal record. But there are a number of ways of avoiding conviction. Proposition 36, Deferred Entry of Judgment and Drug Court are possibilities.

    In our experience, however, most judges and prosecutors are willing to arrange an "informal diversion" to 11357(B) HS charges. Under this arrangement, for example, the person might attend a few meetings of narcotics anonymous, or do a few days of community service, and the case will be dropped. No criminal conviction is recorded, and no criminal record is created.

    HS 11357 C Possession of More Than an Ounce of Marijuana

    Health & Safety Code 11357 (C) HS makes it a misdemeanor to possess more than an ounce of marijuana. But the penalties here are greater. Rather than a mere $100 fine, a person convicted of Health & Safety Code 11357(C) HS could face probation, up to six months of county jail and a $500 fine.

    In reality, though, a person in possession of marijuana for personal use, even more than an ounce, rarely goes to jail. Many people accused of HS 11357 C can take advantage of informal diversion, Proposition 36, deferred entry of judgment under PC 1000, and drug court.

    HS 11357 D Marijuana Possession on School Grounds

    Possession of one ounce (28.5 grams) or less of marijuana by a person over the age of eighteen on school grounds (grades K through 12), while school is in session, is a misdemeanor. Under California Health & Safety Code 11357(D) HS, this offense may be penalized by up to ten days in jail and a $500 fine.

    Individuals that are under eighteen years of age, who possess no more than one ounce (28.5 grams) of marijuana on school property, are guilty of a misdemeanor. They may be sentenced to a fine of up to $250 on a first offense, or a fine of up to $500 plus up to 10 days of juvenile hall on a second or subsequent offense.

    Minors Will Lose Their Drivers License for 1 Year

    Pursuant to California Vehicle Code 13202.5, a person under the age of 21 convicted of a marijuana offense will lose his/her California drivers license for one year. This includes convictions for simple possession under 11357 HS. However, successful participation in a diversion program allows a minor to avoid a conviction and therefore also to avoid the loss of his/her driving privileges.



    (I am deleting the site address; I do not know if the info is correct.)

  5. #5
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    Default Re: Possession in California, Around 2 Grams

    Quote Quoting ARkyness
    View Post
    ...
    3) also the police broke my bong and broke my stash jar. should i bring this up if i have pictures of the broken items?
    ...
    Google contraband.

  6. #6
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    Default Re: Possession in California, Around 2 Grams

    Quote Quoting ARkyness
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    on my ticket it only says 11357 (b) H85 - poss. of less than 28.5g of marijuana.
    That's a $100 fine plus almost that same amount again in fees and assessments.

    1) so even though they caught me with the bong grinder and joint wraps they did not charge me of paraphernalia?
    CA does not have a crime for possession of marijuana paraphernalia if over 18.

    2) how much will this ticket be overall?
    Close to $200 as I recall ... I don't have the exact figures handy, but I believe the last I read for a local 11357(b) charge, it was $187.

    3) also the police broke my bong and broke my stash jar. should i bring this up if i have pictures of the broken items?
    Irrelevant at the hearing for your marijuana possession. If you want to make a claim for damages you put in a claim to the agency that broke the items. When they deny the claim, you can take them to small claims court and argue that they broke your marijuana paraphernalia ... you really want to do that? Just how much is a pipe and a grinder worth?

    - Carl

  7. #7
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    Default Re: Possession in California, Around 2 Grams

    okay thanks. umm well the pipe was 300. its a roor. but he broke the diffuser so that only $35. the grinder was a clear top sharpstone so $35. and the stash jar he broke was $25.

  8. #8
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    Default Re: Possession in California, Around 2 Grams

    Quote Quoting ARkyness
    View Post
    okay thanks. umm well the pipe was 300. its a roor. but he broke the diffuser so that only $35. the grinder was a clear top sharpstone so $35. and the stash jar he broke was $25.
    Then you put in a claim to the city along with estimates to repair or replace the items and see what happens. Since it is almost a given that the city will deny the claim, be sure to have all the information you need to proceed to small claims court. That'll be an entertaining hearing ... I'm not sure they get too many cases suing to replace drug paraphernalia. Though the officers really should not have intentionally broken anything ... this is just one reason why.

    I don't know ... for me $90 would be a net loss if I had to take off work, so it wouldn't be worth it to me. Your situation is probably different.

    - Carl

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