Legal Question in Criminal Law in California

Drug treatment or diversion is NOT an option for a sales or possession for sales case. Your attorney would need to get the charge reduced to a straight possession, for diversion or drug treatment to be an option. I wish you well ........David Wallin

It depends upon the court and the judge. It is true that drug diversion and Proposition 36 are not available to those charged with possession for sale of drugs. However in some counties, if you and your lawyer, can convince the DA and the judge that you have a serious drug problem alternative types of drug treatment can be available. You need to talk to your lawyer and find out what is available in your county. Of course, if you have a serious problem and the charge is based primarily on the quantity of the substance and the quantity is not too outrageous your addiction may be a reason to reduce the charge to simple possession.