Legal Question in Criminal Law in California

Over the past weekend I received a citation for possession of marijuana less than 28.5 grams, while I was in Berkeley. I am not from California, and have already returned home. Traveling back across the country to California is an option if necessary, but I wanted to see what all my options are. Below is my understanding of my options, and what I have found searching:

- I understand I can pay the fine by mail or telephone. What are the repercussions of this? How will it appear on my record & how long will it be on there? Does it ever really go away?

- I could possibly have it removed from my record by attending a diversion class, but this would require an appearance in court, and possibly hiring a lawyer.

- I could request a court date, and still end up paying court costs, but the office may not show up. Does this dismiss the charge altogether?

Am I missing anything, or overlooking any options?


Asked on 8/09/10, 6:12 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

No, you can't just pay the fine by mail. You're facing a misdemeanor charge. You must appear or have an attorney appear on your behalf.

If you were to get a diversion class, you would end up (presumably) with the charges dismissed and no conviction on your record.

The requesting a court date and hoping the officer doesn't show is what you hope for in a traffic case - not the situation here.

You either need to appear or consult with a California attorney in the county where your case is being heard to handle this for you.

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Answered on 8/17/10, 4:08 pm


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