Legal Question in Criminal Law in California

A person charged with a violation of Health and Safety Code section 11377 subd. (a) is usually entitled to diversion or DEJ. This is a program that involves a delayed entry of judgment, and possible dismissal, assuming that the accused complies with the terms of a rehabilitation program set up by the county. A charge of PC 484 for theft may complicate this, but many attorneys can plea bargain.

At the arraignment, the judge reads the charges, which can be added or subtracted from since the arrest, and determines the plea. The judge may determine other matters, such as bail reduction or increase. If a party wants a public defender, and qualifies for one, that party is entitled to a continuance of arraingment to obtain the services of a public defender. A public defender is just as good as a hired attorney, in my own professional opinion.

If it is a first offense, you may most likely avoid jail time. Proposition 36 is what I mentioned earlier, that allows substance abusers to get treatment and avoid incarceration. Pen. Code section 1000 refers to the Delayed Entry of Judgment (DEJ) program I mentioned above.