Hey all, first time I've been in trouble with the law, ever. I am looking for advice and what to expect on my court date.
The Skinny
This happened in the greater Los Angeles area. If you are caught with weed, it is a misdemeanor if less than an ounce.
The other week I was smoking in my car and I had to take a piss, so I stopped, left my door open, and went to do my business. Next thing I know a cop comes out of the alleyway and shines his light at me. He tells me to put up my hands and asks me if I have any weapons, I did not, so I said no. So, he checked me and made me sit on the curb while he investigated my open car. I hadn't stowed my pipe and it was in plain sight. He notified me that he saw it and asked me if I had anything else that shouldn't be there. I told him I had weed in the car -- at this point I was sort of frazzled and dazed, so I went with the truth. He thoroughly searched my car, tore everything out, found the drugs, all the while asking if there were any needles or other drugs. I told him no, because all I do is smoke weed, and all I had. It was less than an ounce, so I knew I couldn't go to jail over it. He and another officer chatted and took their time filing out paperwork/making calls to dispatch. They kept asking me numerous times where I worked and what the address is, where I went to school, where I lived.
One of the cops later told me that I had 2 choices: 1) go to jail for 2 days and have my car impounded, or 2) have a citation and court date a few months later for the misdemeanor. Since I had work the next day (and I'd just started working there), I couldn't miss work due to jail time and risk my job being revoked, so I chose the latter. Could he do this to me or was he just messing with me? I thought I couldn't go to jail, but perhaps he meant the charge against pissing in public.
What I've Found
I did some proprietary research and found that since it was just personal use (without a club card) that the record of this incident can be dismissed or expunged given I pay the fine and go to a center to get a "certification of rehabilitation." Also, under California Health and Safety Code Sections 11361.5 and 11361.7, all possession for personal use convictions are erased from my record after 2 years. I've never had any run-ins with the law, I've only gotten parking tickets in the past.
Questions
1. What is the best route for me to take?
2. Do they notify my work (temp agency or job site)? I'm working for a temp./staffing agency that previously did a background check and currently temping for a large corporation until the end of the year. I'm really worried about this.
3. The ticket says "misdemeanor," but a friend tells me the infraction is a little less serious since I live in California, and weed laws are more lenient in the LA area. Can someone clarify this?
4. What is the best way to prevent family members from finding out about this? I still live with my parents and this would cause great turmoil amongst us.
5. I'm worried about future employers doing background checks and finding out that I have an ticket for possession. Will they be able to see this on my record before the 2 years pass?
6. What sort of questions should I be prepared to answer in court?
7. What forms (if any) do I need to request/fill out prior to my court date?
Closing
Sorry for the lengthy, wall of text post for only a misdemeanor. Like I've previously mentioned, I've never had any sort of run-ins with the law and am worried about what is to come. Keep in mind, the only people that know about this are my girlfriend and my closest friends, and I intend to keep it that way.
The Skinny
This happened in the greater Los Angeles area. If you are caught with weed, it is a misdemeanor if less than an ounce.
The other week I was smoking in my car and I had to take a piss, so I stopped, left my door open, and went to do my business. Next thing I know a cop comes out of the alleyway and shines his light at me. He tells me to put up my hands and asks me if I have any weapons, I did not, so I said no. So, he checked me and made me sit on the curb while he investigated my open car. I hadn't stowed my pipe and it was in plain sight. He notified me that he saw it and asked me if I had anything else that shouldn't be there. I told him I had weed in the car -- at this point I was sort of frazzled and dazed, so I went with the truth. He thoroughly searched my car, tore everything out, found the drugs, all the while asking if there were any needles or other drugs. I told him no, because all I do is smoke weed, and all I had. It was less than an ounce, so I knew I couldn't go to jail over it. He and another officer chatted and took their time filing out paperwork/making calls to dispatch. They kept asking me numerous times where I worked and what the address is, where I went to school, where I lived.
One of the cops later told me that I had 2 choices: 1) go to jail for 2 days and have my car impounded, or 2) have a citation and court date a few months later for the misdemeanor. Since I had work the next day (and I'd just started working there), I couldn't miss work due to jail time and risk my job being revoked, so I chose the latter. Could he do this to me or was he just messing with me? I thought I couldn't go to jail, but perhaps he meant the charge against pissing in public.
What I've Found
I did some proprietary research and found that since it was just personal use (without a club card) that the record of this incident can be dismissed or expunged given I pay the fine and go to a center to get a "certification of rehabilitation." Also, under California Health and Safety Code Sections 11361.5 and 11361.7, all possession for personal use convictions are erased from my record after 2 years. I've never had any run-ins with the law, I've only gotten parking tickets in the past.
Questions
1. What is the best route for me to take?
2. Do they notify my work (temp agency or job site)? I'm working for a temp./staffing agency that previously did a background check and currently temping for a large corporation until the end of the year. I'm really worried about this.
3. The ticket says "misdemeanor," but a friend tells me the infraction is a little less serious since I live in California, and weed laws are more lenient in the LA area. Can someone clarify this?
4. What is the best way to prevent family members from finding out about this? I still live with my parents and this would cause great turmoil amongst us.
5. I'm worried about future employers doing background checks and finding out that I have an ticket for possession. Will they be able to see this on my record before the 2 years pass?
6. What sort of questions should I be prepared to answer in court?
7. What forms (if any) do I need to request/fill out prior to my court date?
Closing
Sorry for the lengthy, wall of text post for only a misdemeanor. Like I've previously mentioned, I've never had any sort of run-ins with the law and am worried about what is to come. Keep in mind, the only people that know about this are my girlfriend and my closest friends, and I intend to keep it that way.
