Need some advice

[omgplzthx]

What is the name of your state?What is the name of your state?What is the name of your state? California

Alright, here's the deal. I was with a friend of mine and we were smoking weed. A cop rolled up after the fact and smelled it and asked to search the car. We were honest and told him what was up. He found about 3 grams or so of weed that belonged to the person I was with, and her pipe. I am 18 and she is 19.

He said that if she took the blame she'd lose her liscence and that if I did it could save a lot of trouble and the case would most likely be thrown out and not go on my record or anything, so I agreed. I know maybe it was a stupid decision but I was sort of pressured and decided on the spot that I would rather have little to no charges than to have her lose her liscence.

Then I got a courtesy letter from the court saying that me and her both faced losing our liscence if we possessed marijuana and having the charge on our record with a fine, so now we are going to tell the truth and say that it was hers.


What I want to know is if I face any charges myself, being that I wasn't in posession of anything. He said I was being put under arrest but not taken down to the station or handcuffed or anything, but he didn't read me my miranda rights. Does that even matter in this case? If I could get some advice as to how to deal with this that would be great. Thank you.


P.S. I found this as well:
Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). Possession offenders can avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.

I'm going to advise my friend to take that route, but is there anything I'm missing here?

Thanks again, and sorry this is so long.

 

[CdwJava]

You both face a fine for the possession. Access and control govern possession, not ownership. In theory you can BOTH face the charge for H&S 11357(b). Diversion is available under certain conditions. And the arrest is expunged after 2 years anyway - it is the ONLY offense in CA law that disappears like that ... even traffic offenses stay for 7.

Miranda was not likely an issue. He smelled the marijuana, that was sufficient for a detention. He asked for a search, and you 'fessed up. There appears to be no Miranda issue here at all.

And since this is a citable offense and not one that you face custody over, the fact that you were not taken in and booked is not a surprise.

- Carl

 

[omgplzthx]

Yeah I figured the Miranda thing wouldn't help me, it would probably just make me look bad in front of the judge if anything. The only thing I was thinking of wasn't getting out of the charges that way, but if he brings up anything that I said, can it be used as evidence against me since he didn't inform me it could?

Also, if she comes into court with me early and confesses to posessing with weed and we both say that it wasn't mine do you think they will charge both of us?

If they do, I guess can live with it because I have a clean record and I'm sure I will for the next two years as well, now that I'll avoid situations like that.

One more question, if that is taken off my record after two years will people be able to find out that it was on my record at one point? Let's say like, 20 or 30 years down the road.


Thanks a lot for your help though, I'm glad I'm able to go in there with a little more information.

 

[CdwJava]

The only thing I was thinking of wasn't getting out of the charges that way, but if he brings up anything that I said, can it be used as evidence against me since he didn't inform me it could?

Miranda requires custody - and the custody is generally that which is the equivalent to a custodial arrest. It is very unlikely that any statements you made to the officer would be tossed under Miranda. Besides, he had cause to search both of you anyway from the sound of it.

Also, if she comes into court with me early and confesses to posessing with weed and we both say that it wasn't mine do you think they will charge both of us?

Maybe. Who knows. The District Attorney decides who gets charged, not the judge. So you two need to talk to the DA.

One more question, if that is taken off my record after two years will people be able to find out that it was on my record at one point? Let's say like, 20 or 30 years down the road.

Government personnel might. But CA criminal offender records are not generally available to the public. And also keep in mind that records of any court disposition can be available as well.

To put it in perspective, running a red light carries more than twice the fine as possession of marijuana. And, the red light violation stays on your record for 7 years.

- Carl

 

[omgplzthx]

Alright, thanks. It's a lot more clear now.