Legal Question in Criminal Law in California
Im in California, and pleaded Not guilty to a hs 11377 charge. As a first time drug offender im eligible for felony DEJ.The DA wont offer me anything better but my question is that if i go to trial will i still be eligible for DEJ if im found guilty? If this is the worst case scenario then why not go to trial, what do you have to lose ! Right?thankyou
3 Answers from Attorneys
The DEJ is not available after you go to trial.
will i still be eligible for DEJ
absolutely not.
if you go to trial and lose, you will be sentenced to the full term and penalties of the law. That's why most people cut their risk and enter a plea bargain.
I agree with the previous two responses. If you successfully complete the DEJ program, the case against you is dismissed and you are not actually convicted. If you go to trial and lose, you will be convicted, but you may be eligible for a different program, known as proposition 36.
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