Legal Question in Criminal Law in California

Committing a new crime is also a violation of Proposition 36/Penal Code 1210 probation.

A defendant is allowed three drug-related violations before termination of Proposition 36, which includes offenses like possession or being under the influence.The court can terminate the Prop 36 program for less than three drug-related violations if the defendant is unwilling to participate in treatment.

In this case, I think you are saying the defendant is charged with Penal Code 148.9, false identification to a police officer. That is not drug-related, and could result in termination of the Prop 36 program.

Of course, everything is negotiable in criminal cases, and the prosecution would have to prove the defendant committed that offense to get the defendant kicked out of Prop 36.

As always, general information from a website is no substitute for face-to-face advice from an attorney who has all of the facts. This defendant needs his own lawyer; if he or she can't afford to hire an attorney, the court will appoint one.