Legal Question in Criminal Law in California

Hello. In California (Riverside County) I was convicted of possession of MDMA and took PC 1000 diversion.

During my classes, my father killed himself. I ended up getting back into town one day late due to a travel delay and was kicked out of PC1000 for missing too many days.

This was years ago. I have left CA, I am terrified of the very idea of spending time in a CA prison, I am *not* the type of person that can deal with it. One night in the county jail was enough psychological torment to last a life time.

I am tired of having this thing hanging over my head, I know I will probably have to go back to CA to deal with it - and it has been years. I want to keep out of prison and continue my life. I have heard that it is possible to get re-instated into PC1000 or take Prop 36 and that I may not have to do any time. Is this possible? Thank you in advance for the help.


Asked on 12/17/12, 12:50 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Yes, reinstatement may be possible or you would be eligible for Prop 36 (PC 1210).

Because of the passage of time and warrant ghats out for you, contact a local criminal defense attorney to get you through this.

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Answered on 12/17/12, 5:26 am
Terry A. Nelson Nelson & Lawless

Yes, you and your attorney may be able to persuade the judge in the 'convicting' court to reinstate if you have a good 'story' to explain why you are in this situation. If you have had no other crimes since then, I would think you have a decent chance of success. Contact me if serious about hiring counsel to help you in this.

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Answered on 12/17/12, 12:42 pm


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