Legal Question in Criminal Law in California
my husband is a 2 striker on parole and just got arrested for 11350 HS (a) can he go into a drug diversion program under the prop 36, or pc1000 or california drug court?
3 Answers from Attorneys
Highly Doubtful.
Probably not as a matter of law. Doesn't mean it's not negotiable.
Brian Michaels
www.socalcrimdefense.com
He will likely face parole revocation and return to prison before any discussion of programs.
The answer to your question:
PC1000 is limited to first time offenders.
Prop36 can save some offenders from 'three strikes' if their third strike is a drug possession offense and their prior strikes are more than five years old. Sounds like he does not qualify.
In either case, everything may be negotiable, but he is facing those program qualifications unless the prosecutor and judge are willing to waive them. Nothing is guaranteed.
If serious about hiring counsel to represent him in these charges, and if this is in SoCal courts, feel free to contact me.
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