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
1 Answer from Attorneys
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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