person admitted to having and told police where they could retrieve. cited told need to book self before court date promising to appear. Two weeks later received letter the violation being changed from 11364 a to 11364.1 a
Health and Safety Code 11364.1 is the current section - it's valid until 2015, then 11364 becomes operative. They are essentially the same. The DA will be getting the case to review. If they feel there's a case there, they will file what they think is the appropriate section, no matter what the police cited you for.
Regarding the booking - don't do it without discussing it with your lawyer. There is no legal obligation that you go and complete the booking process unless you're ordered to do so by the judge.
You, or an attorney on your behalf, must appear in court on the date listed on the citation (or corrected citation) or a warrant may be issued for your arrest.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
I agree with my colleague. 11364 and 11364.(1) are pretty much one in the same.
The above answer is for general information only. It is not "legal advise" but analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
It does happen...you may be cited for one charge and go to court to see additional charges. This is because the Prosecutor determines the appropriate charges not the police. You should definitely appear in court on the date stated on your ticket, or else the court may issue a warrant for your arrest. I agree, don't "self book" unless ordered by the court. Seek the guidance of a good attorney promptly.
Attorney Sharen H. Ghatan has been licensed to practice since 2001. She practices criminal defense and personal injury in Los Angeles, Orange, Ventura and San Bernardino counties. For a free legal consulation, please call toll-free 888-926-3720. **Please be advised: the information presented in the above forum is not intended, nor should it be construed , as any form of legal advice for any specific matter. In addition, there is no attorney-client relationship created as a result of a posted response to a query.**
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