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Am I being overcharged for a marijuana infraction?

Yreka, CA |

A friend and I were recently pulled over for a dead tail light(my friend was the driver). The officer claimed to smell marijuana, then subsequently searched our car and found a pipe along with far less than an ounce of marijuana in my possession. I got charged with possession <1 oz, which I read as being an infraction punishable by no more than $100 in the state of California. However, I recently received a notification on how much it would be, and I was shocked to find the total was $460! Even without listed fees, the infraction itself was listed as costing me around $360. Is there a mistake here? If it helps, I'm over 21 and we were pulled over by a CHP officer in Siskiyou County. Thank you in advance to anyone who can shed light on this.

Attorney Answers 3


Did you get arrested or just cited. Possession of an ounce or less is an infraction punishable by a $100 fine. Unless you've left out some details this is the worst you should get.

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I suppose it was an arrest, although we were merely detained while they searched the vehicle. After that, we were each given a ticket, and left for home shortly after. My statement specifically notes that I violated code 11357(b), and it's noted as an infraction... but it's still listed as a charge of $390(more than I originally mentioned, as it turns out).


I took the liberty of tagging this as a criminal defense question. You will get a better response that way. Good luck.

Law Offices of Linh T. Nguyen 916.509.7200 Disclaimer: This reply is not intended to be and does not constitute legal advice or the establishment of an attorney-client relationship. I always recommend consulting with an attorney, especially since many attorneys offer free, no-obligation consultations.

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You should have got a $100 fine, going by your facts.

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