Legal Question in DUI Law in California

Proposition 36 and First Time Drug Posession

Drug charges were not listed among your choices, but I will proceed just the same.

My son was arrested 10-1-03 in San Luis Obispo Co. for possession of methanphetimine. I believe he had 3 grams and a scale, but no money or other evidence it was for anything than personal use, therefore he was not charged for intent to sell. It is a first offense.

Question: Due to Proposition 36, do you still recommend we hire an attorney, or can we rely upon the local Public Defender to provide adequate representation? He is a college student at Cal Poly, and otherwise has no history of violent crimes, although he does have a MIP of alcohol.

He and I both know he has a problem with drugs and alcohol that go beyond normal college experience.

My plan is for him to take a minimum of 1 quarter off and admit him to a drug rehab program in Santa Barbara. Will the court look favorably to this committment, or should he wait until sentencing and complete the State mandated drug rehabilitation program first? Your response would be greatly appreciated. His arraignment is on 10-17-03.


Asked on 10/04/03, 11:07 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Proposition 36 and First Time Drug Posession

Many public defenders are fine attorneys however, neither you nor your son have a choice ast to which attorney will represent him. If you hire a private attorney you will be able to chose the attrorney that will repesent him. The presence of scales can be used to elevated to possession for sales.

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Answered on 10/05/03, 2:28 am


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