Legal Question in Criminal Law in California

Received DUI August of 08' BAC of .10

Received Drunk in Public August of 09

Received 11350HS Felony possession of xanax and lortab' February of 2010

Received 11550HS Misdemenor Under controlled substance (cocaine) Same arrest February 2010.

Should I expect time? My research says because of first time offender I'll receive PC1000. I obviously have drug alcohol issue I will address and fix.

Any info would be much appreciated?


Asked on 2/07/10, 10:59 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

If those are your only current charges and prior convictions, you should be able to get diversion on the new drug charges under Penal Code 1000.

PC 1000 works this way: You are required to enter a guilty plea, but sentencing is continued for a period of 18 months to three years. You would be required to complete a drug program, submit clean tests on demand, and generally stay out of trouble.

(Note that diversion is not available if you were charged with possession for sale, or driving under the influence of drugs.)

If you successfully complete the program, your case would be dismissed without a conviction. However, if you violated the terms of diversion, the judge could accept your previously-entered guilty plea and sentence you accordingly.

If you cannot afford to hire an attorney, you are entitled to one at government expense and the court will appoint the public defender. Your lawyer may want to explore other issues, too... for instance, if you were unlawfully arrested, the case might be dismissed on Fourth Amendment grounds.

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.

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Answered on 2/13/10, 1:25 pm


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