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!
5 Answers from Attorneys
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.
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.
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.
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.
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.
Related Questions & Answers
-
Ineffective asst of Counsel / PD - Riverside I am accussed of a felony, I was... Asked 5/23/07, 5:00 am in United States California Criminal Law
-
Drugs & gun my house was recently raided, the warrent was for a man with my... Asked 5/23/07, 3:20 am in United States California Criminal Law