Legal Question in Criminal Law in California

I was charged with the possession of vicodin, which was an old prescription I was unable to provide the paperwork in time due to a separation, and was sentenced to enroll in PROP 36. I was unable to enroll in time and arrested for a failure to appear twice and was reinstated to the program both times. I was charged with another possession and sentenced to PROP 36 again. I was unable to make it to my court date and am planning on going to court on Monday and putting myself on calendar. I want to know how I can explain to the judge that I was unable to enroll in time because I had to get my mom and kid off the streets and find a job that was flexible enough to allow for all the program entails. On the day that I was scheduled to appear in court I went to the program and attempted to enroll. They said that since there was already a bench warrant issued, which the counselor said was weird because it usually takes at least a day to show up, I wouldn't be able to enroll until I appeared in court. So, the next day I went to the court with my signed slip from the PROP 36 counselor, however, the court was closed much to my surprise due to "furlough?". I had taken off both of these days from a new job and was on the verge of losing it so, I had to work everyday the next week to catch up. I am only 9 days late and am completely prepared to devote myself to completing this program and putting all of this behind me.

Thank you for your time and any help you might be able to provide me regarding this issue.


Asked on 2/28/10, 12:23 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

By now, it should be clear that you're making things worse by trying to handle this on your own terms. You need a lawyer.

Since possession of Vicodin is a felony, you must have had a lawyer for that case, if not the new one. Contact your lawyer. Even if you had a court-appointed lawyer, contact the Public Defender's office for help.

You don't seem to be taking this seriously enough. It is possible to obtain records of an old prescription, either from the pharmacy or your doctor, so you should never have allowed yourself to be convicted of a felony if you could prove that you possessed the drugs legally.

Now you have a second conviction, but you seem to think it's inconvenient to fulfill your responsibilities to the court.

If you don't sign up for Proposition 36, after repeated opportunities to do so, the judge can find you unamenable to treatment and sentence you accordingly. That means the judge could sentence you to prison, and your next job could be stamping license plates at Folsom Prison for fifty cents an hour.

Yes, court are closed the third Wednesday of every month due to the state's budget crisis, but "appear in court" doesn't mean just showing up. You need to get your case on the judge's calendar, which requires advance notice to the clerk of the court.

It is a lot easier to clear up this kind of mess if you go to court, instead of getting arrested on the warrant. Getting arrested would also mean missing a lot more work while you're sitting in jail.

Read more
Answered on 3/05/10, 3:09 pm


Related Questions & Answers

More Criminal Law questions and answers in California