Legal Question in Criminal Law in California

About two months ago I was arrested for possession of controlled substances and after going to court, i was granted pc1000. A few weeks after the court date i went to the probation office and signed all the paperwork, which if i remember correctly ware the application papers for probation and pc1000. They issued me another court date for may 2 (although not sure what it is for yet). Now, the problem is that about a week ago, i was caught again with the same substance i was caught with the first time and charged with another misdemeanor. Court date is may 30. My question is, since i havnt officially started the pc1000 program, have i technically violated the pc1000 rules by picking up another misdemeanor? And will it be possible for me to be reinstated into pc1000?

I would like to add that i am really trying to quit drugs and turn my life around. Before my court date for the first offense, i enrolled in a drug treatment center (which i have been attending for the last month and a half or so where i am recieving medication to help me stay off what i was using as well as weekly counseling). I am also going to get myself enrolled in one the pc1000 treatment courses to further try and prove that i am committed to staying clean and that i just made a stupid mistake with the second misdemeanor. I have been clean since the second charge and have no doubt that i can pass a drug test. I am just hoping that i can stay in the pc1000 program so that i can wipe my record clean and have a chance at a fresh start. I am thinking (and really hoping) that because i never had the chance to start the pc1000 program and get help (also because i am ready to prove my commitment to living a clean life) the court might let me stay in the program or reinstate it as a "second and last chance."

Lastly, i do plan on consulting and hopefully hiring a lawyer about my situation (which please keep in mind, i probably wont be able to actually hire one as i live paycheck to paycheck, but i am going to try my best) but i am just concerned about the upcoming court date on may 2. I am not 100% sure if the following is correct but i thought that while i was at the probation office signing the paperwork, i was only signing the application for probation and pc1000, and the purpose of the may 2 court date was for the court to either accept the application and officially place me in pc1000 or to reject the application (im now wondering if i was supposed to already be enrolled in one of the pc1000 treatment programs by the time i went back to court.. could someone clarify this for me as well?). I am worried that even if i consult and potentially hire a lawyer, it wont be before may 2. If this is the case, what should i expect to happen at court without a lawyer? If i am kicked out, will i miss out on my opportunity to be reinstated into the program or is it possible to be reinstated at my next court date for my second offense (if i have a lawyer at that time)? And what would happen if im kicked out now but reinstated later... will completion dismiss me of BOTH charges or would it only be for the second one, leaving the first one on my record?

I know ive said alot, i apologize, but i am looking for any answers/help/advice i can get from anywhere that i can get it and so far i have not found any posts on the internet that specifically relate to my case/answer my questions (believe me ive been searching the internet for hours lol!). Thank you for taking the time to read this and i will be absolutely grateful for any information that anyone can give me. Thanks again


Asked on 4/30/18, 2:37 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your long winded request needs only the short answer, and it can't be 'legal advice' online, because no ethical attorney can give you that until you are his client. General guidance you can have: Yes, as far as the Court is concerned, you violated probation on your first offense, and violated program rules at the same time. That means you face revocation of all the 'deal' you got the first time, plus the new criminal offense. Your attorney can 'ask/beg' for your readmission to the program and probation, but he will have to be very convincing that you 'deserve' another chance after blowing off the Court the first time. Get the attorney you need, and follow his advice.

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Answered on 4/30/18, 7:17 am


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