Legal Question in Criminal Law in California

Prop 36 completed,then violated

I completed my residential drug treatment program after failing my first outpatient program. However now i tested dirty for probation this last month and now i have to go back to court for violating. what happens now?


Asked on 2/13/08, 11:45 pm

2 Answers from Attorneys
David Piper

Re: Prop 36 completed,then violated

According to the statute, people are allowed up to three tries in the Prop. 36 program before they are sent to jail. However, there are a number of factors that could alter this. For instance, your plea agreement indicated you would only get one try or the county/judge you deal with has different type of program. The only way for you to get a firm answer is to hire a lawyer. You should hire a local attorney and provide this person with all the relevant information about your case.

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Answered on 2/14/08, 11:50 am
Terry A. Nelson Nelson & Lawless

Re: Prop 36 completed,then violated

Jail, probably; unless you can somehow persuade the court to reinstate probation. I suggest you hire counsel to help you. Feel free to contact me if you get serious about doing so, if the case is in SoCal courts.

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Answered on 2/14/08, 1:19 pm


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