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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38869
Experience:  30 years in civil, probate, real estate, elder law
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my 21 year old son has two tickets for possession of marijuana

Resolved Question:

my 21 year old son has two tickets for possession of marijuana under one ounce
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
Thanks for your question. These are minor finmes here and you may try for diversion program. Here below is reference to the subjest for you.

"Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine. Jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). However, under Prop 36, effective July 1, 2001, first- and second- time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal use cultivation) offenders can also avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7."

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.





Customer: replied 7 years ago.
All the information that you just quoted above is easily available on the internet for free. My question was more focused on the fact that he had TWO tickets... actually within weeks of each other. Will that complicate his plea in anyway. Will the fines or punishment be any different, because he has two? We haven't even gone to court yet for the first one and he got a second one today?! AUGH~
Expert:  Ray replied 7 years ago.
Not if these are his first two offenses. He can try for diversion here for the first two offenses here. He just needs to quit carrying it here. It is one thing to have it at your house or apartment. But cops jsut love to shake people down for this. It is a way to harass. But if he can do diversion he avoids this on his record. Nobody needs a record if they can help it here. But after this is he is out of strikes..


 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.




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