Legal Question in Criminal Law in California

Prop 36

I think prop 36 kicks in July 1, 2001 and it will dictate some changes in strictly drug related offenses, even ones consider strikes at present. Make sure to push any dispositions past the legislative date prop 36 takes place.

Re: avoiding ''three strikes'' punishment for petty possession

You are represented by an attorney. He's the expert on your case. I don't know the facts or the law that is involved. The following is some general comments and not recommendations.

The procedure in the normal criminal case involving a felony is to make a deal with the judge. And then plead to the charge knowing what the sentence is going to be.

However your case may involve a sentencing recommendation (study) by the probation department, which may not have happened at this time.

The deal is normally struck prior to your sentencing by your attorney who submits it to you so you can approve it. It is negotiated by your attorney with the judge and D. A. in the judge's chambers. Normally the judge will go along with whatever the D. A. wants, or the probation department recommends. However, this isn't always the situation.

If you've already entered a plea, and you're unhappy with the sentence, you're going to have to direct your attorney to put on a motion to withdraw the plea. So ask him/her what your options are.

However, the sentencing hearing (your next court appearance) is when you may be entering your plea, and you need to know if that is the situation.

So get hold of your attorney ASAP and find out what has happened to date, and what is happening next i.e., if you're being sentenced. And what your options are at the sentencing hearing.

I really doubt the judge will be sentencing you without some study to give the judge some input. Have as many friends as you can motivate to write the judge on your behalf.

Pay very close attention to what your attorney will be telling you. I don't think you've been paying attention up to now.

Lots of luck