Legal Question in Criminal Law in California

California HS 11357(b) advice

Is there any reason to show up in court if I plan to plead guilty as opposed to posting and forfeiting? I understand that I am eligible for a diversion program, but think that it might be unnecessary because the record of this will be destroyed after a 2 year period of time anyhow. The diversion program can take 18 months anyhow. Any advice is greatly appreciated!


Asked on 5/23/07, 6:16 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: California HS 11357(b) advice

My standard advice to 11357(b) defendants: Demand a jury trial and go to trial. You have nothing to lose, the max fine is $100 plus penalty assessment, the same as you would get if you pled guilty.

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Answered on 5/23/07, 6:49 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: California HS 11357(b) advice

You seem to think you can just ignore the charges and that the matter will go away on its own. It doesn't work that way. If you don't show up a warrant will be issued for your arrest. That strikes me as reason enough.

If you don't elect a diversion program you will be fined up to $100 (assuming you have no history of such charges). The fine may not be a big deal, but skipping a court date is and could get you into more trouble than the conviction itself. Contempt citations can cost a lot more than $100.

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Answered on 5/23/07, 6:58 pm
Terry A. Nelson Nelson & Lawless

Re: California HS 11357(b) advice

This isn't a traffic ticket my friend. You fail to appear and, yes, your bail is forfeited; however, that is not the end of the case -- there will be an arrest warrant issued and new 'failure to appear' charges added to your case. Step up to the plate and handle this properly, or go to jail. Avoid further false 'assumptions' about the law.

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Answered on 5/23/07, 7:55 pm
Daniel J. Mangan III JuryTrialJustice

Re: California HS 11357(b) advice

Simply put go to Court, You might just negotiate a lower fine, a non-drug infraction deal, dismissal do to lack of probable cause to detain/arrest..no lab to prove the substance is contraband, a dismissal if you demand a jury trial...etc, etc, etc...obtain Counsel. Drug cases, even less than an ounce and even if purged, can always be found in the system somewhere...even years down the line.

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Answered on 5/23/07, 8:00 pm

Re: California HS 11357(b) advice

Failure to appear is a misdemeanor, which will tack on to your original charges. I'd advise showing up and second Mr. Stone's advice and demand a jury trial if you have no priors.

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Answered on 5/23/07, 9:01 pm


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