Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

In California someone I know was arrested last year with hash on them. Was it a felony or misdemeanor?
Find answers to your legal question.





In California someone I know was arrested last year with hash on them. Was it a felony or misdemeanor?

I know his bail was 10k. I need to know because he is trying to run off with his 18 y/o girlfriend and baby to have her get on welfare and section 8, so he can avoid working. I have heard no felons can live on sect 8. I am sure her parents would report him if he isn't on the lease. So, we are hoping she won't go if his plan can't possibly work.


    




John S
I just want to follow up on Eric's correct answer. The 10K bail would indicate that he was ARRESTED for a felony, but this is pretty meaningless. Usually when a crime can be punished as a felony or misdemeanor, the police will arrest for a felony. However, it is up to the prosecutor what charge to file. Whether it is filed as a felony will depend mostly upon how much hash was possessed, and to a somewhat lesser extent, upon his prior record, if any.

Moreover, there a lot of alternatives to conviction for minor drug offenses in California, so an arrest does not necessarily result in a conviction. So, from the information you have given, nobody can tell you whether this person was charged with, or even convicted of, a felony or a misdemeanor.


California Street Cop
Its called a wobbler. It can be a misdemeanor or a felony depending on where the DA wants to take it.

11357. (a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.


Heather B
Rating
Go and look up the case index. You can pull his file up by his name and look at the charges he had and see if they were felony's or MIS.....I know the case index for sacramento county is www.saccourt.com.... you will have to look up your city's.


Butterfly
Rating
A 10K bail would mean felony. If you report him for living there, the section 8 will certainly be revoked.


flowers
Rating
yes that is true no felons can live in section 8.. my sister got put out for the same thing. tell her do not risk taken that chance TRUST ME SHE WILL GET CAUGHT!!!! My sister ended up moving out of state because she could not afford the rent. If he is a real man he will not put her in that same situation.she needs to move n with her life. I know it might be hard know but she will see that it is the best thing to do for her and her child. My sister is fine now because she finished her education and now works for a excellent Law firm. she is no longer with that loser.


Cookie
Rating
How much Hash and how many times and which county?
In CA it depends on the county. Some are very lenient and others are very strict.
10k in CA isn't much but the guy is still going to be on probation one way or the other if he was convicted so if he runs...he will eventually get caught and then he won't have to worry about not working, he'll be back in jail and his girlfriend may have a chance to figure out he's not exactly the best example of a father for her child and she may be able to move on with her life.
Felons can live on Sect 8 but you have to qualify (depends on the charges) and if he's violating his probation then Sect 8 will turn him in. :-)


Hi
is his name yesi?


jrooker30
Rating
All I tell you is: 2 more strikes and he's OUT!


fangtaiyang
Rating
The bail amount suggests a felony charge. He is not however classified as a felon until found guilty when it may not make much difference where he lives because his address would change to state penitentiary.


Reg
Rating
That is a big Felony he will be doing some time i guarntee that by boy .


Mr. Goodhi
Rating
Here's a link to CA marijuana laws. I guess it depends on the amount.
http://www.norml.org/index.cfm?wtm_view=&Group_ID=4525


no2censors
they wouldn't have asked for 10k unless it was a felony or his 3rd strike. either way he's going to jail, not passing go and not collecting $200.00 or a little 18 year olds life!!


veganballer
Rating
felony.


hollywoodslut
probably a misdemeanor


SarahWilliam
Rating
Well it depends on how much marijuana if it is less than an quarter bag i think it is a misdemanor, but a quarter bag and more is a felony depending on what state they are arrested in.


zombie
Rating
You're question is not that clear. If he is running away from court after bail, then of course not he cannot get welfare.
If hash is a drug, then yes, it's called a drug felon. It will be on his record when he applies for a job. It's unlikely for him to get welfare, as drug felons cannot get food stamps. It will be VERY hard for a convicted felon to get a job, but it is still possible, so the welfare might not be given. Also, just because you have a child and cannot support it, it doesn't mean the government HAS to give you welfare or child support. They can take your child away because you cannot support them.[Forgot what that association was called but they investigate things like this]

Hope this helps, and just have to say running away might solve problems now, but it's like taking a loan- you're gonna pay back later.


Akumi B
I think it depends on how much they had on them.


mad dog
Rating
felonys are worse that mistimerters





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 How old do you have to be to buy rolling paper?
tobbaco rolling ...


 A desperate criminal on the run....?
with the law after you, hot on your heels
what would you do????...


 Why are cops (at least in MI) hiding out in unmarked Dodge Chargers on the freeways?
this is unfair!...


 Do cops intentionally try to make you mad?
A cop pulled me over last night and asked if I had been drinking. I said no and I was honest. Anyway he started searching my car and as he was searching he said, "don't think you can hide ...


 Can cops taze a person under 18?
Someone told me that someone else, who was under 18, was tazered by the cops. Is this true?

Can the cops taze someone with a tazer if they are under 18?...


 I've been scammed out of $7000 from a company through the internet?
I did research on the company that I was working for and was assured they were legit. I know...dumb me. Anyways, I started getting cashier checks that looked real but now, 2 weeks later, I found ...


 What makes you decide to give a warning or a ticket?
I was stopped around 7:50 a.m. I was speeding, when I saw him I pressed on my breaks going 50 by him.. he did a u-turn and pulled me over. Before he even turned on his lights I pulled over. I turned ...


 I need help. I have been receiving very scary phone calls.?
I have notifed the police and they traced the phone number but it came from a phone card so they said they can't do anything else. Does anyone have answers for me?...


 How long can you go to jail for child molestation?
This does not include me. i have not moleted a child but i am trying to find out if someone commited child molestation or statutory rape....


 What can you do if someone keeps harrassing you over the phone?

Additional Details
The person is harrassing a friend. They think they had something but the never did. They call from different numbers and leave messages if they dont pick up....


 How to get away with murder?
...


 Do you think that drugs like marijuana and crystal meth should be lumped together in the same category?
...


 Is it ok for a cop to beat you in the head with a flash light?
...


 Shall I be worried?
Someone I chat to regular on Msn says he is the real "Dexter Morgan" and I'm his next victim.....


 If you have a breath test and the result reads 0.55 what does it mean??
BAC
Additional Details
OK OR IT WAS 055 WHEN A POLICE OFFICER PULLS YA OVER...


 How do I convince police that I had food poisoning when I vomited driving at a random breath test station?
...


 Can I get in trouble if I name and shame local thugs?
There seems to be a lot of aggressive behaviour towards local residents from young thugs in my street. It has got to the point where I am a bit scared to leave my girlfreind alone in the house. They ...


 If I go to the ER for a drug overdose will they call the cops?
If they will Im just going to take my chances and wait it ...


 Do you think I have a case and should I get a lawyer?
A civilian followed me home a few miles from work. I was in my driveway and he took my keys from me and would not let me enter my house. I tried to get out of my car and he stepped in front of me and ...


 I'm trying to find if this may be stalking. ?
I went to a meeting that was out of state for my job,so than I notice a guy during the meeting that says his name and states some stuff. After this meeting We leave to go home I think of him, until ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.014