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Since the law has changed on 11357 b does this infraction fall under 19.8 of the penal code system

Oakland, CA |
Filed under: Criminal defense

does it mean posession of marijuana cannot violate your probation?

Attorney Answers 2

Posted

Penal Code 19.8 States19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652,
and 853.7 of this code; subdivision (c) of Section 532b, and
subdivision (n) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government Code;
subdivision (c) of Section 23109 and Sections 12500, 14601.1,
27150.1, 40508, and 42005 of the Vehicle Code, and any other offense
which the Legislature makes subject to subdivision (d) of Section 17.
Except where a lesser maximum fine is expressly provided for a
violation of any of those sections, any violation which is an
infraction is punishable by a fine not exceeding two hundred fifty
dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.

Former Governor Arnold Alois Schwarzenegger, signed a bill that reduces the charge for possession of up to an ounce of marijuana from a misdemeanor to a civil infraction. Effective January 1, 2011.The new law does not change the penalties for possession. Currently, carrying up to an ounce of marijuana is punishable by a fine of up to $100; no jail time or probation can be ordered. One key difference, however, is that until now a defendant has been entitled to a jury trial and a defense attorney. By downgrading possession to an infraction, that will no longer be the case.

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Posted

i do not see 11357(b) listed in Penal Code 19.8. Therefore, it does not fall under 17(d) of the Penal Code, which 19.8 refers back to when preventing the use of the infraction as a violation of Probation.

I conclude that such an infraction COULD be used by a Court, D.A. or Probation Officer as a violation. But do remember, an infraction is much like a traffic ticket, and these are rarely used to violate probation.

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