Legal Question in Criminal Law in California

Re: Serving Time --No.

What? In California, there is no such misdemeanor. Transportation, even of a very, very small amount of narcotics, is a FELONY. It is possible-- and I'm only speculating-- that your friend was first charged with the felony, but plea-bargained the charge down to a straight possession, for which he was given PC1000 (diversion) or Prop 36. If he pled to the misdemeanor, he may choose to do the time, but would not reap the huge (and now wasted-- can't use it again for several years) benefit of such a disposition-- that being the dismissal of the case upon completion of the drug program. If you don't do the program, you don't have to ask for jail time, the court will be very eager to give it without invitation.

I'm not convinced of the programs' effectiveness, but clearing one's record is very valuable, and that's a relatively easy way to do that.

Otherwise, if he pled to transportation (even for personal use), he could have received a sentence of probation with the drug program as a condition thereof. If he falls out of that drug program, he could get state prison-- much longer than a local jail sentence. Make very sure before anyone drops out of any programs.

If your friend has much of a prior arrest record, chances are the charge was a felony. If not, they probably only charged (or reduced it to) a straight possession (misd.).

Good luck. Let me know if I can help. If you need more information, my contact info, including telephone numbers and e-mail link is at www.californiadefenselawyer.net .

Re: Serving Time Instead Of Drug Court for Misdeameanor in California

I guess it would depend on the local court policies of whatever county your friend's case is in. My best guess is yes, but find out up front (perhaps from a public defender) how much time you would get before volunteering.