What to do for violation23222 misdemeanor possession of marijuana in California? 10 Answers as of February 18, 2011

I got stopped for talking on my cell phone, officer smelled marijuana in my car, so I gave him the 6-7 grams I had on me. He made me take a few coordination tests and I passed all of them. I am just wondering if it will be possible to plead it down to an infraction or not since this is a first time offense.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes, it will be possible to plead this down to an infraction.
Answer Applies to: California
Replied: 11/17/2010
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
An infraction is exactly what should happen, based on the facts you have laid out. Good luck.
Answer Applies to: California
Replied: 11/16/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you are arrested and charged with a crime, what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it cannot be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Depending upon your rap sheet, it may be possible to get a plea bargain that includes drug diversion and dismissal of the charges. If you do not know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I will be happy to help you use whatever defenses you may have. If you cant afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 11/16/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
That Code Section, unfortunately, is not chargeable as an infraction. But we can probably get you qualified for a Diversion Program. That would enable you to escape without any record. You would need to complete a drug abuse counseling program.If you have more questions or wish to retain our services cal
Answer Applies to: California
Replied: 11/16/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Anything is possible in court. Marijuana possession is an infraction, not a misdemeanor. Please see my blog for the recent change in legislation.
Answer Applies to: California
Replied: 11/15/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    It is possible . . .
    Answer Applies to: California
    Replied: 11/15/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    A lawyer may be able to negotiate a deal with the prosecutor where you do some classes to earn a dismissal.
    Answer Applies to: California
    Replied: 11/15/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You might be able to ask the DA to reduce it. While simple possession of less than 28.5 grams of marijuana by an adult was recently made an infraction punishable by only a fine, for an unknown reason (probably to help defeat Prop. 19), Schwarzenegger did not accordingly reduce a violation of V.C. 23222 (Possession of Marijuana While Driving) from a misdemeanor to an infraction also.
    Answer Applies to: California
    Replied: 11/15/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Well, that is jumping right on it. Anyhow a VC 23222 is a bad charge. You might be able to talk them into an infraction but without a lawyer (if no money use the PD) it is doubtful. If you have a medial recommendation you are fine. Just bring it to court and show the DA. You can get drug diversion but it is a gigantic pain. They probably will just fine you and give you non reporting probation. Good luck.
    Answer Applies to: California
    Replied: 2/18/2011
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