How do I know if I have received an Infraction or a Misdemeanor? - Criminal Law Questions and Answers- LawQA.com

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How do I know if I have received an Infraction or a Misdemeanor?

I'm 19 and I live in CA. An officer pulled me over in my neighborhood because there were reports of a "suspicious vehicle". I had weed in my car, which he smelled, and I was asked to step out of my car. He searched me and then put me in the back of his cruiser while he searched my vehicle, and found my weed. I only had 2 grams, so on my ticket he wrote 23222 (b) VC. However, he did not specify on the ticket if it was an infraction or a misdemeanor. I know that as of Jan. 1, 2011, 23222 (b) is now considered an infraction. Even though I have read this, I dont want to assume that it's an infraction and then end up going to court only to find out that it is a misdemeanor. How can I find out for sure?

Law Office of Eric Sterkenburg
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Once the cases has been filed you may contact the court and they will tell you if it is an infraction or a misdemeanor.

Answer Applies to: California
Replied: 3/15/2011

Law Office of Peter F. Goldscheider
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There should be boxes on the citation marked "I" or "M" which would indicate whether he was citing you for a misdemeanor or a felony. If this was not done or it is unclear you will need to check with the court clerk. In any event you are correct that a violation of CVC 23222(b) can only be an infraction so unless there are other possible charges from the facts of your detention you should be okay.

Answer Applies to: California
Replied: 3/8/2011

Answer By Terry Nelson
Nelson & Lawless
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The officer and the citation do NOT determine the outcome. Whatever the DA files it as will be on the Complaint and related documents you will receive at your arraignment, your first court appearance. Whether an infraction or not, you can deal with it yourself, or hire counsel to help you. If serious about doing so, feel free to contact me.

Answer Applies to: California
Replied: 3/7/2011

The Law Offices of Victor J Mazzaraco
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Vc23222b describes possessing less than an oz while driving as a misdemeanor. call the court and give them your citation number and ask if it is charged as an infraction or misdemeanor...

Answer Applies to: California
Replied: 3/7/2011

Answer By Tracey Sang
Law Office of Tracey S. Sang
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On the ticket, there are boxes in the upper right hand corner for the officer to check that specify infraction or misdemeanor. If you're still not sure, have an attorney look at it.

Answer Applies to: California
Replied: 3/6/2011

Answer By Dennis Roberts
Dennis Roberts, a P.C.
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If you got the ticket after Jan 1 2011 it is an infraction.

Answer Applies to: California
Replied: 3/6/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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It could be either. To be sure, you can call the clerk of the court handling your case. Regardless, you should hire an attorney, because an experienced attorney can often infract or dismiss this kind of minor charge.

Answer Applies to: California
Replied: 3/6/2011

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