Legal Question in Criminal Law in California

11357 (b) at a camp site

I was camping in Santa Barbara a

month ago with 5 friends. We were

sitting around the fire at 1pm. Two

park rangers approached us and

asked if we were 21 (we aren't, there

was no alcohol in sight, and we

weren't drinking). One officer peeked

into our tent and saw that there was

alcohol in it. We removed it. They

then opened our other tent and

smelled marijuana in it. One officer

said ''I don't care who's it is, I just

want to see the pipe, or the pot''. So

I went in and gave it to them. It

wasn't in my purse, my pocket, my

bag, any of my belongings. They

made my friends pour out some of

the alcohol and actually let them give

the rest to our neighbors. They cited

me for possession of less than an

ounce (an infraction in SB?), and

joked with my friends saying they

were sure they were all smoking it

too!

I just finished my second year of

college, and I depend on my

scholarship and loans. I'm also going

to be working for a Christian

Highschool which will be doing a

background check next semester.

This is dealt with through the traffic

court and I have a mandatory

appearance. I really don't know what

to expect..


Asked on 5/26/08, 2:28 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 11357 (b) at a camp site

Get it reduced to disturbing the peace so a drug related charge is not on your record. Contact me directly.

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Answered on 5/27/08, 12:35 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 11357 (b) at a camp site

This will pass. The officers illegally searched your tent (they needed a warrant). You have nothing to lose by pleading not guilty and demanding a jury trial (the most they can do is fine you $250, do not volunteer for any probation or court-ordered programs, they have no authority to make you do any of these). You should also not be volunteering to give your contraband to police officers or consenting to searches. Go to YouTube and view "Busted: A Citizen's Guide To Surviving A Police Encounter." Have your friends watch.

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Answered on 5/26/08, 2:38 pm
William C. Makler Law Offices of William C. Makler

Re: 11357 (b) at a camp site

You will want to consider alternatives to pleading guilty or no contest to this misdemeanor; an option the court will gladly present you with when you appear in court. The fine is about $200 and there is no probation and no jail. HOWEVER, conviction of the charge will interfere with your ability to get federally guaranteed finanical aid, and will likely prevent schools in general (and especially Christian schools) from hiring you. email me for further information.

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Answered on 5/26/08, 6:31 pm


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