Legal Question in Criminal Law in California

I was pulled over on Jan 26, 2013 in front of a store. I was pulled out the car and questioned what I was up too. Then the cop tightened my hands from the back, and told me not to move, and he searched me from the waist up, and down. He asked if I had anything illegal in the car, and being honest, I forfeited my fourth ammendment. He asked if he could searched the car, and I agreed. He found 2 grams of Cannibis. As I was being ticketed, I ask him why I was pulled over. He proclaimed that I did not have a front license plate. The awkardness of the citaiton is that the VC 23222 was written first, and the missing license plate was wrote second. Upon investation of this citaiton, I noticed that the governor of CA changed this law to make it an infraction. Today in the mail, I received a letter that the officier changed the citation to a VC 23222 (B) misdemeanor. I am quite unclear as what this means? It also requested that I go to the court system for an informal booking of my photograph and my fingerprint. I was not under the influence, I was just going to the store half a mile away to get some tea, chips, and a beer. This officier had the hots for me before he pulled me over, and what ticks me off is that he has the nerve to push this citation to a misdemeanor. I drive a classic Japanese car that goes VROOOM, and find it quite unfair to always be stereotyped as a wreckless driver. I have not had a ticket for 6 years, just recently two tickets (the other for not turning on the headlights for 10 seconds after moving the car). To the best of my knowledge isn't the new California Law implented by the Terminator as of Jan 1, 2011 states that anything under an ounce ( 2 grams) is an infraciton? Why am I being push to criminlization with the booking process, what is up with this revised citation I got in the mail. Is this the officier fault? I am going to claim NOT GUILTY, due to the fact I am not guilty of a misdemeanor but an infraction. I have NO priors, I am a science major at a university, getting my undergradute degree. I also work for the City of _______________________ which is also with the government. I wouldn't be surprise if he personally contacted them, this cop really has the hots for me, what to do next?


Asked on 2/03/13, 12:33 am

2 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

Get an attorney. Review your case with the attorney

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Answered on 2/03/13, 1:00 am
Joe Dane Law Office of Joe Dane

To be honest, your question does not read like somebody that should be attempting to represent themselves. Yes, possession of under an ounce is now an infraction, but the section you're facing is the misdemeanor for having it in a vehicle.

Get a lawyer.

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Answered on 2/03/13, 4:54 pm


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