Legal Question in Criminal Law in California

After my initial arraignment hearing and my bail review hearing for HS11379(a), PC1210(a) was added to my charges: what is the full definiton of the this penal code and why was it not added to my charges until the third court session for my case?


Asked on 11/23/10, 9:58 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Penal Code �1210 is not a charge. It is a reference to Proposition 36, which is a form of probation for non violent drug possession offenses that provides treatment instead of jail.

Because you are charged with transportation or sales, you are not eligible for Prop 36.

I'm guessing the court records were amended to show the DA filed a statement saying you are ineligible for Prop 36.

However, that's still a guess. If you've already been to court three times, you already have a lawyer, whether it's someone you hired yourself or a public defender, who has all the information about your case and can give more informed answers than a stranger on the Internet.

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Answered on 11/28/10, 10:35 am
Terry A. Nelson Nelson & Lawless

''Why is up to the DA's discretion. The proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

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Answered on 11/29/10, 12:10 pm


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