Legal Question in Criminal Law in California

Proposition 36 is a form of probation available to people convicted of non-violent drug possession offenses, providing for treatment instead of incarceration. It is available whether you enter a plea or are convicted at trial.

HOWEVER, there are things that can disqualify you from Proposition 36, and the District Attorney may be offering to have those factors dismissed if you enter a guilty plea prior to trial.

For instance, if you were convicted of possession of drugs for sale, you would be ineligible for Proposition 36. The DA may be offering to let you plead guilty to simple possession, which would make you eligible for Proposition 36.

Without knowing your exact charges, it's hard to be more specific.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Of course. You refuse a 'deal' on any case, then go to trial and lose, you face sentencing to the full extent specified in the code on each convicted charge. Prop 36 is an alternative sometimes available, and it may apply to only one of your charges, with the DA willing to deal the others. Go to trial at your peril. If serious about getting counsel to help you, feel free to contact me. You're apparently not getting legal guidance and explanation now that you need.