Legal Question in Criminal Law in California

Differed posession charges

I was arrested for posession of over an onze of marijuan about 16 months ago. I recieved a differement of charges based on the completion of a PC-1000 drug education program and 18 months of NA meetings without any other charges. About two months before this is over, I was pulled over for a bad front turn signal. I had between 4 and 7 grams of pot in my pocket and it was found. This was 5 days before Christmas, it was a little treat. I've had no other incidents, everything is going well. I have two jobs, I'm working 65 - 80 hours a week. My bills are slightly behind, but I'm getting caught up quickly. I'm wondering how serious my punishment maybe and how I can possibly lighten my decision? Any help would be appreciated! I'll pay a fine, but I don't want to do time because I splurged on a little pot.


Asked on 12/25/00, 6:17 pm

3 Answers from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Differed posession charges

Hello, you may be facing a very serious situation. If you have not completed your diversion then you will face the original and new charge as well. The 1st charge would constitute a prior and your sentencing could be very tough. You may be expelled from the diversion program if you have not completed it. Call us immediately so we can discuss it.

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Answered on 12/28/00, 2:06 pm
Patrick McNeal Law Offices of Patrick D. McNeal

Re: Differed posession charges

The big question is whether your first case is over, if it is, this new charge will be relatively minor, it is an infraction which means no jail time, if the old case is still pending, then you may have to work out some added conditions to your pc1000 to convince the judge not to reinstate the criminal proceedings because this violation will constitute a violation of your diversion and can cause you to be dropped out, you really should contact the attorney that represented you in your first case to double check the consequences,,,,,,,,,good luck,pdm

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Answered on 12/27/00, 10:56 am
David Harrison Spivak & Harrison

Re: Differed posession charges

In addition to being prosecuted on the new matter, you can be prosecuted on the old case as well, since you were still on probation and the case was never dismissed.

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Answered on 12/27/00, 6:11 pm


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