QUESTION
How can a diversion program prevent a marijuana infraction from affecting my record and getting my license suspended?
Asked on Feb 25th, 2012 on Criminal Law - California
More details to this question:
I am a 20 year old student at UC Davis. Back in December in Berkeley, my friends and I had just finished smoking a joint of pot in my car and were about to get out to walk to an ice cream parlor when multiple cop cars surrounded us. I had less than a gram, let alone an ounce, left in a small ziplock bag and received the CA infraction for less than 1 ounce (H&S 11357[b]) after we were all searched. Besides fearing for my record in terms of future employment, I read that because I am under 21 years old I could lose my license for 1 year. However, I also read online that I can keep my record clean and avoid losing my license through a diversion program. How do I go about obtaining such a diversion program instead of receiving the standard punishment? Do I NEED a lawyer to do so or can I just talk to the judge myself about this when I have to go to court? Any comments/suggestions help. Thank you so much, I am very worried about my future.
6 ANSWERS
Yes you need a lawyer. Not only will you lose your license, this charge can also be filed as a misdemeanor at the prosecutor's discretion. Since it is a relatively minor case, an experienced attorney can likely negotiate a deal in which you "earn" a dismissal.
Answered on Feb 28th, 2012 at 1:18 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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This is minor. Call the Sacramento County Bar Association Lawyer Referral Service. You should be able to get a free consultation. Call the DA in the appropriate office saying you want all the "discovery," all the evidence against you. After you read that get your free consultation. Maybe the case will be dismissed outright. If you do diversion, not very burdensome, the case is dismissed. You can talk to the DMV about license suspension. But all info should be online. Talk with the DA, if necessary, but don't admit outright you were smoking the joint.
Answered on Feb 28th, 2012 at 12:33 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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I believe if you pay the $100 fine the record goes away. A Diversion program is a collosal pain in the ass.
Answered on Feb 28th, 2012 at 12:29 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You generally don't get to talk to the judge unless and until you plead guilty to the charges. You must go to your arraignment, plead not guilty, set a Pre-Trial hearing date at which hearing you can try to negotiate with the DA for a diversion program. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case.
Answered on Feb 28th, 2012 at 12:22 PM
Daniel Kieth Martin
You definitely need to consult with a criminal defense lawyer. You nor the public defender is as likely to get the best possible results in this case. Many counties have a general rule that they offer diversion or conditional pleas. An attorney from your area who has been paid for his time and experience is the best thing for you. Many defense attorneys will consult with you for free.
Answered on Feb 28th, 2012 at 10:56 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Informal diversion is basically a situation where you perform certain services (ie. community service) and they dismiss charges. I would recommend having an attorney handle this for you.
Answered on Feb 28th, 2012 at 10:54 AM