Legal Question in Criminal Law in California

Summary Probation

If someone has never been arrested before and was arrested for the first time for possession of mythamphetimines, although they were found in the car not on the person, can she get summary probation? Let me explain a little more of the situation. I was driving my car to see a friend at a correction facility and when I parked the car as I was just about to shut the car door the officers walked up and asked me if they could search my car. I know they do random searches because it's posted outside the facility, so I said yes. I had nothing to hide anyway. Well before I knew it I was being handcuffed and told that I was under arrest for possession of a controled substance. The drugs were not mine, although they hear this all the time, they didn't believe me. Now I'm going to court on this and I'm not sure what to do. I don't want to plead guilty for something that I didn't do, but my I don't have many options. Should I plead not guilty and go to trial or should I plead guilty and take the drug diversion for 18 months? I don't have the money for that, and I heard that I can probably be put on summary probation. What is that and is it true in this case that I could get that?


Asked on 6/24/03, 10:40 pm

3 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Summary Probation

You should be eligible for Deferred Entry of Judgment. Ask your public defender about it. It will result in your charges being dismissed if you comply with the terms.

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Answered on 6/24/03, 10:43 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Summary Probation

You never plead guilty at the first court appearance. the purpose of the court appearance is to advise you of the charges against you. If you cannot afford to retain an attorney then request that the court appoint an attorney to represent you. If you do not qualify for the public defender ask for a referal to a low cost attorney. Regardless of what you are told keep requesting an attorney to represent you. Bring to court a copy of your pay check stubs and living expenses.

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Answered on 6/25/03, 1:38 am
Jacqueline Goodman Rubio Law Offices of Jacqueline Goodman Rubio

Re: Summary Probation

If you have no prior record at all, and you are charged only with a straight possession, you would be eligible for either Prop 36 or Deferred Entry of Judgment ("DEJ", formerly called "Diversion") through PC 1000. Diversion is the suspension of criminal proceedings for a specified time period, during which time, the defendant must fulfill certain conditions, including participation in a drug education course. Nowadays, we have the defendant "plead up" at the beginning of the proceedings; however, ENTRY of the judgment of conviction is post-poned. Upon successful completion of the drug class and the passage of a certain amount of time, the criminal charges are dismissed and the defendant may legally answer that he or she has never been convicted of the charged offense.

Note, however, that the accused can challenge the legality of the stop, detention, search or siezure, among other issues, prior to accepting or requesting a referral to PC 1000 or Prop 36. Only an attorney can review your police report and interview you to determine, together with you, whether your case is one which is defensible, or whether acceptance of such a drug program is more advantageous for you. A public defender or private attorney can do this, so if you are indigent, you can ask for a PD. If you are eligible and suitable for DEJ or Prop 36, you will not lose that opportunity by requesting the opportunity to consult with a lawyer, and you'd be well-advised to do so. So do, and then stop going to correctional facilities to keep company. Good luck.

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Answered on 6/25/03, 4:09 am


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