Legal Question in Criminal Law in California

I am being arraigned on charges PC 4537, 182 (1) (A). Conspiracy to confiscate drugs into a correctional facility. They have evidence. I am a first time offender. Will I get to plea bargain this one down to Prop 36 or the diversion program with a plea of no contest?


Asked on 9/03/09, 11:54 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Diversion and Proposition 36 are alternative sentencing programs only available for charges of possession for personal use.

A no contest plea is treated as a guilty plea for sentencing. In cases where it is important to accept responsibility and remorse, I usually encourage clients to plead guilty instead of no contest.

Based on your charges, you are not eligible for diversion or Prop 36, but your lawyer may be able to negotiate a disposition that would make you eligible.

If you can't afford to hire your own lawyer, ask the judge to appoint the Public Defender to represent you.

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Answered on 9/04/09, 1:09 am
Edward Hoffman Law Offices of Edward A. Hoffman

No. The programs you list are for people charged with simple possession. Conspiring to smuggle drugs into a correctional facility is a *much* more serious crime. The D.A. will treat it as such, and you need to do likewise.

Get a lawyer immediately. If you can't afford to hire one, get a public defender. If you try to handle this yourself, you will end up where those drugs were headed.

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Answered on 9/04/09, 5:18 pm


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