Legal Question in DUI Law in California
california, two strikes, reletivily old but still two strikes. im no longer on probation or paroll. i was charged recantly with hs11550a. what sort of sentence should i be expecting? my strikes where no one home burglery back in 1994. and my record shows drug history.
2 Answers from Attorneys
Health & Safety Code 11550 is being under the influence of specified drugs. It is a misdemeanor with a minimum of 90 days in jail and a maximum of a year.
If you are eligible for probation under Proposition 36/Penal Code 1210, you could get treatment instead of jail.
You're lucky you used the drugs before the cops showed up. Possession of many illegal drugs is a felony. With two prior strikes, any new felony conviction could get you a 25 to life sentence.
11550 is a misdemeanor, so your priors and 'strikes' will mean only that the DA will want a stiffer sentence than normal, but it may be possible to get drug diversion if your attorney can make an effective argument for it. If serious about getting counsel to do so, feel free to contact me.
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