Legal Question in Criminal Law in California

That is perfectly legal. You only go before a magistrate in California in felony cases. Magistrates in most cases are regular judges, they simply serve as a magistrate when they issue warrants, set bail and hear preliminary hearings. During other hearings they are either Superior Court Judges or commissioners

The reason it says that you are not eligible for DEJ or Prop 36 is because PC 242 is a non-drug offense.

Prosecutors generally have one year from the date of violation in misdemeanor matters to file charges. What probably happened was you were arrested and they did not have enough information to charge you within the three court days so they released you. Once they got enough information they filed charges. As long as they did this within a year, it is perfectly legal.

You were released, so you did not have to be arraigned at that time. You are innocent until proven guilty, I don't think the paperwork you received states otherwise. The paperwork you received contains an offer, which is normal. You are not eligible for prop 36, because you are also being charged with battery, as Mr. Martin points out.

I believe you need to NOT plead guilty, but you DO need to get a qualified defense attorney in or near your area. Both charges are serious, and have serious consequences.....both now and in your future. One is a crime of violence and there are serious consequences....such as...gun rights...possible restitution issues...restraining orders....possible custody time and others. Also, the drug charge,(under the influence) has a mandatory 90 day MINIMUM sentence, if you plead to that charge...as well as other consequences. Most attorneys offer FREE consultations. You should take advantage of it and see an attorney. DO NOT PLEAD GUILTY without speaking to an attorney. I wish you well........David Wallin