Legal Question in Criminal Law in California

Drug charges

My husband was charged with under the influence of a controlled substance and given drug diversion. He was unable to complete this. 1 year later he was charged with the same offense and given drug diversion again on both cases. He was to show proff of enrollment by 12/31/02 and due to work was unable to do so. He now has 2 warrants on these cases. What can we do to resolve these warrants without him facing jail time. He has no prior drug charges.


Asked on 1/28/03, 1:36 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Drug charges

Competent counsel might be able to keep him out of jail with a good presentation of reasonable facts. The sooner you hire an attorney, the less likely he will be arrested at home or work. If he deals with this before getting arrested, it will turn out a lot better. Contact me if interested.

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Answered on 1/31/03, 1:38 pm
David Diamond Diamond & Associates

Re: Drug charges

OUR GOAL IS TO KEEP HIM OUT OF JAIL. If that is your goal please give us a call. LARRY WOLF

310 277 1707

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Answered on 1/28/03, 1:50 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Drug charges

Thank you for your posting.

There is really only one way to recall a warrant - appear before a court, either personally, or through an attorney. The best I can tell you is that you should not delay recalling a warrant. For one reason, you can be arrested at any time, and for another reason, the court can comment on any delay in finding "responsibility", which is a factor in setting bail.

Although jail time is normally imposed for violating a probation order, it can be negotiated with the court with proper preparation, such as a complete showing of the reasons why the deadlines were missed, and some other recommendations I might have, such as showing that he has received private treatment.

I hope that this information helps, but if you have additional questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 1/28/03, 3:18 pm


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