Legal Question in Criminal Law in California

Re: Drug Diversion Classes

I intend to only supplement R. Miller's reply.

Every judge I've ever been in front of would give you the extra time to complete the outside classes. However, like R. Miller I haven't been in front of all of them. But the odds are in your favor. Especially in light of Prop 36 sentencing procedure. And you probably were not sentenced under Prop 36 but the P. C. 1000 program. So the judge is well aware that the voters favor maximum treatment over maximum time in jail.

Re: Drug Diversion Classes

Yes, if you have generally been in compliance in the past.

Re: Drug Diversion Classes

Thanks for your email. Unfortunately, the missing information that really affects the answer to your question is who the judge is, and what his attitude is towards offenders in your situation. Judges usually have rules about what chances they give persons in your situation. I can tell you that in general, most judges will recognize responsibility, and if you have made a responsible effort to try to complete the program, he or she will give you more time to complete what you've started. However, if it seems that you have delayed and stalled for no good reason, you might be facing a jail sentence.

In my opinion, the best way to find out ahead of time, is to ask attorneys, including public defenders, who appear in front of this particular judge. Or you may want to sit in the court calendar one day, and see how the judge treats those in similar situations.

If you would like someone to be present with you in court, or if you have more specific questions, please email me or call at 714-568-1560. Thanks, Robert.