Legal Question in Criminal Law in California

I was charged with possession of marijuana less and an ounce, but the officer gave me an infraction at the time because I was being very corporative. Then as i was about to pay the ticket online which was possible at the time i received a notice that the case was dismissed. Later I received a notice that there was an error in the case and I had a court date, I found that the error was that the ticket was an infraction and not a misdemeanor( i was assured by the officer that in infraction was possible). But i found this out too late and i wouldn't be able to make my court date, and cant be changed because it is a misdemeanor. So i would like to know what to do and what is possibly going to happen.


Asked on 8/21/09, 10:05 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

If you haven't already missed the court date, make it at all costs.

Possession of less than an ounce of marijuana under Health & Safety Code 11357(b) is a misdemeanor, but the maximum punishment is a $100 fine (which is tripled by the time other fees and penalties are added.)

If you are under 21, a conviction would al result in a one year drivers license suspension.

If you fail to appear for court, the judge can issue an arrest warrant and you can be charged with the separate crime of failure to appear.

If you hire an attorney, he or she can appear on your behalf.

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Answered on 8/21/09, 10:22 pm
Terry A. Nelson Nelson & Lawless

There is no magic answer here. You have to go to your court date or have an attorney do so for you. If you have missed the date, you now must have an attorney go to court and get the court to withdraw the arrest warrant, and then 'deal' with the charges normally. You can expect to pay a penalty / fine for the warrant, and have fines on the charges, along with probation or a diversion program. If serious about handling this right, feel free to contact me. It isn't as bad as you imagine, but will get worse if you ignore it.

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Answered on 8/24/09, 6:00 pm


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