Legal Question in Criminal Law in California
Criminal drug charge
I've been convicted of being under the influnce of cocaine, I paid my fine but I got terrminated form drug diversion classes three times, Can i go to jail for this?
4 Answers from Attorneys
Re: Criminal drug charge
Dear Inquirer,
The facts you provided leave a number of questions unanswered. for instance, any priors, any prior criminal history, is the disposition under "Prop. 36/formal drug diversion/an "informal" program specific to that judge/court department, the basis for the termination from the classes (non-attendance/disruption/etc.), and how many extensions previously granted for completion.
However, generally speaking; if you are in violation of your requirements; then yes (technically) you are likely subject to commitment. Yet, the judge is the decision maker and will likely consider the surrounding circumstances (as I listed above, plus other facts).
If you are not intentionally in violation, likely you may be afforded an extension and referral to another certified class provider.
In sum, it is not set in stone; but is a possibilty depending upon all the surrounding facts specific to your case.
Try to at least attend 12-step meetings daily (if not multiple times daily)until your court date and be sure to have the meeting secretary sign off on an attendance card you can then show the court.
So if you are sincere the judge will recognize such.
Thans for letting me be of service.
QSimms
Re: Criminal drug charge
Certainly, and likely. I suggest you get a good attorney.
Re: Criminal drug charge
The simple answer is yes, but it depends on the judge and the explanations given for the termination. If you would like me to go to court with you and help it would be $1,500 before we go to court.
Re: Criminal drug charge
In a nutshell, it is of course possible but not necessarily inevitable. There is a lot of possible factors involved here and you are best served by consulting with an attorney to go over all the facts.
Feel free to call me for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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