Legal Question in Criminal Law in California

Assuming there is no indication of sales, and also assuming you're a first time offender, yes - you're eligible for a diversion of some sort.

PC 1000 is the lowest level diversion program. If you successfully complete it, the case is dismissed and legally it's as though the arrest never happened. It doesn't go off your record though, but it's pretty good.

Prop 36 is the next level. It involves probation. It's good, but not as good as PC 1000.

And there are other possibilities as well. There may be legally or factual defenses that get the case dismissed without those other consequences. This is where a lawyer comes in. You're facing felony charges, so it's nothing to take lightly.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

I agree with Mr. Dane except that under California Health and Safety Code Section 11377 possession of ecstasy is a "wobbler" and as such it can be charged as either a felony or a misdemeanor. While it is true that you are under the supervision of a probation officer while receiving Proposition 36 treatment, if you successfully complete the treatment the charges are dismissed.

There are many pros and cons to both diversion and Proposition 36 but the most important is that when you complete either of them, assuming that you have no prior convictions, you will not have a record. This is important when getting a job or when a background check is done.

You should get an experienced criminal defense attorney and discuss with her/him the pros and cons as it affects your case.

The only 'direction' you are going to be offered of any real value to you is, consult with local criminal defense counsel to discuss the actual case, not your possibly misunderstood version of the charges and options. Only then will anyone be able to offer you actual legal advice on what makes sense for you.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

If you can't afford private counsel, apply for the public defender at your next court hearing.