Legal Question in Criminal Law in California

Where can i find a description to a certain charge?

I am looking for a description to charge : HS 11357 (b) and I don't know what it is? If you could e-mail me with an answer also that would be helpful


Asked on 3/21/02, 7:03 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Where can i find a description to a certain charge?

Below is a copy of H&S 11357

(b) Except as authorized by law, every person who possesses not

more than 28.5 grams of marijuana, other than concentrated cannabis,

is guilty of a misdemeanor and shall be punished by a fine of not

more than one hundred dollars ($100). Notwithstanding other

provisions of law, if such person has been previously convicted three

or more times of an offense described in this subdivision during the

two-year period immediately preceding the date of commission of the

violation to be charged, the previous convictions shall also be

charged in the accusatory pleading and, if found to be true by the

jury upon a jury trial or by the court upon a court trial or if

admitted by the person, the provisions of Sections 1000.1 and 1000.2

of the Penal Code shall be applicable to him, and the court shall

divert and refer him for education, treatment, or rehabilitation,

without a court hearing or determination or the concurrence of the

district attorney, to an appropriate community program which will

accept him. If the person is so diverted and referred he shall not

be subject to the fine specified in this subdivision. If no

community program will accept him, the person shall be subject to the

fine specified in this subdivision. In any case in which a person

is arrested for a violation of this subdivision and does not demand

to be taken before a magistrate, such person shall be released by the

arresting officer upon presentation of satisfactory evidence of

identity and giving his written promise to appear in court, as

provided in Section 853.6 of the Penal Code, and shall not be

subjected to booking.

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Answered on 3/22/02, 1:28 am


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