Legal Question in Criminal Law in California

Re: Possesion of Marijuana in Vehicle

Understand this: There is an arrest on your record right now and it will (most likely) never go away. This isn't the worst thing in the world. Lots of people have them. A conviction, on the other hand, indicates that you were found guilty or pleaded no contest to the charges for which you were arrested. (No contest means that you simply did not want to fight the charges and accepted the punishment. It's the same as guilty for most purposes.)

If you complete the drug diversion program successfully, the charges against you will be dismissed (leaving you right where you are, right now). Thus, you will have an arrest on your record but no conviction. If you do not do the program, your prosecution will proceed as usual.

Whether an arrest matters to employers depends on their preferences. However, if they only ask you about convictions, you could honestly answer "no" if the charges have been dismissed. It's the convictions that cause all the grief.

Since the officer had a right to stop you for the traffic violation, and since he had a right to ask you about the pot (he smelled it), and since you gave him the pot, you will probably be found guilty of the charges if you insist on a trial. The better way would be to get the charges dismissed by completing the diversion program.

Finally, in terms of future employment, you will have to decide what is more important to you, getting stoned or having a good job. Your interviews will go much better if you can honestly say your partying days are behind you when discussing this arrest.

Re: Possesion of Marijuana in Vehicle

Thanks for your posting.

It sounds to me as though the judge in your case offered you participation in the Penal Code �1000 deferred entry of judgment (DEJ) program.

Because you are innocent until proven guilty, an arrest cannot be used against you to show guilt. It will come up, however, and you may have to explain this in the future to prospective employers.

There is a procedure to remove an arrest, through a motion for factual innocence, but it will be difficult to do so if you accept the current plea bargain.

I hope this helps, but if you have other questions, please feel free to email me at [email protected]. I'm happy to help in any way that I can.

Re: Possesion of Marijuana in Vehicle

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