Legal Question in Criminal Law in California

marijuana posession charge - must my license be suspended?

I am 18 years old, since the 2nd of April. I was driving in San Francisco, in the Presido, when I was pulled over for running a stop sign. Marijuana was smelled in the car and I gave it to the officer. He then searched my car and found a little more. All together it was 3 or 4 grams. I was charged with posession of a controled substance. I am confused about my ticket, because it was not a San Francisco City ticket. There apparently is something different about the Presidio. I think it is Federal Law? I am supposed to send my fines to the Central Violations Bureau. Was this a federal offense? What laws cover my offense? State or federal? I read around and found that the maximum fine for marijuana posession is 100 dollars in California, but I was fined 275. Is this because it was not under the jurisdiction of California or San Francisco police? I read about California Drug Laws, and found that I could prevent being convicted by pleading PREGUILTY. What does this mean? Should I send my fines now? Or go to court first? I also read that I will have my license suspended for a year because I am under 21. Is this the case? I read that I would be able to avoid this by entering a diversion program. Do I talk to the judge about this?


Asked on 4/21/06, 4:44 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: marijuana posession charge - must my license be suspended?

Your behavior in not wanting to bogart the joint might be commendable in other circumstances, but police officers aren't allowed to partake on duty (or off duty for that matter). The ticket you got was a state ticket and the reason it is 275 instead of 100 is something called the "penalty assessment." You have nothing to lose by asking the judge for a diversion program. I don't know whether it will help your drivers license, but it might help keep your rap sheet clean. In the future, do not consent to searches and do not say anything to the cop except, Sir, can I please call my lawyer.

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Answered on 4/21/06, 6:17 pm


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