Legal Question in Criminal Law in California
if your on prop 36, in ventura county ca with 2 violations, and you get arrested for 11379a will you go to prison for sure or can the judge just send you to county. all this was from may 2010 through 10/10 and formal probation 36 months. thank you
1 Answer from Attorneys
Wait a minute... you've only been on Prop since May... and you've already accumulated two violations and a new case in just six months?
Your performance on probation has been awful. If you're convicted of a new drug crime, while already on probation for another drug offense, there is a good chance the judge will decide you just aren't interested in probation and send you to prison
There is still a chance you could get probation on the new case, but the judge may want a very good reason to give you another opportunity. It also depends on the circumstances. Health & Safety Code 11379 includes sale and transportation of specified drugs; things will be a lot worse if you sold a couple of ounces of meth to an undercover officer, as opposes to carrying a small amount in your car for personal use.
Obviously, you should hire the best lawyer you can afford. It would also help if you got into residential treatment NOW, instead of waiting until sentencing to tell the judge you want a program instead of prison.
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