Legal Question in Criminal Law in California

Drug Use Laws & Probation for 2001

Convicted of H&S 11550 in Dec. 1999. 3 mo. jail sentence suspended and placed in Drug Diversion classes. Terminated from Diversion and arrest warrant issued in October 2000.

In regards to the the new drug use laws that passed during the last election - Will the penalties for my H&S 11550 conviction be affected (or reduced) as a result of the new legislation (I believe the new legislation has different penalties now that are not as harsh.


Asked on 1/08/01, 1:08 am

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Drug Use Laws & Probation for 2001

Your case will be governed by the laws in effect at the time of the commission of the offense (1999). However, some judges may consider that the new drug laws requiring treatment rather than incarceration should be followed, and they may do so. That will be up to the individual judges, and there's no way that I know of that you can force a judge to treat you more leniently.

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Answered on 1/11/01, 2:48 pm


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