September 10, 2014

Can I be charged with drug possession if I was just a passenger in the car where the drug paraphernalia was found?

Depending on the case specifics, I wouldn’t be surprised if the District Attorney decided not to file charges. In any event, assuming charges have been filed, speak to a criminal defense attorney to review your case. And don’t be surprised if the police reports do not give the same version of the situation as you […]

September 10, 2014

Can I be convicted of conspiracy and possession for sales without any actual drugs or drug-related paraphernalia being found?

Without some actual drugs in your possession – constructive or actual – you cannot be convicted of a possession charge. However, you can at least be charged with conspiracy, which is simply an agreement with an act in furtherance of the object of the agreement. These cases depend on the facts and that is why […]

September 10, 2014

Should I enter a drug treatment program before my next scheduled court date without the judge’s consent?

The judge will want you to get help with your drug use issues, but working within the requirements of the drug laws and procedures is the key to your court case. Depending on your circumstances, you may qualify for drug diversion or “Prop 36” treatment, which will require court and probation participation. Your program may […]

September 10, 2014

I was wrongfully arrested on a felony drug charge now my entire life is screwed up! What can I do?

The best advice we can give you right now is to see a criminal defense attorney as soon as you can. There are many questions to ask to decide where you are in the process and what is the correct course of action to take. If there is a warrant outstanding that will be the […]

September 10, 2014

Can I leave California while enrolled in a Prop 36 treatment program?

You should look at the court order from your Prop 36 sentencing. It should state whether you have travel limitations. A common term of probation, including Prop 36 probation, is that you are not to leave the state without first getting the permission of your probation officer.

September 10, 2014

How does Prop 36 affect possible charges and punishment?

If you go into the Prop 36 program, you plead guilty and are sentenced, but if you complete the program you can petition to have the case dismissed.

September 10, 2014

What is Drug Diversion?

Drug diversion goes by different names, but they are all the same program. It is referred to as Deferred Entry of Judgment, PC 1000 (Penal Code 1000 is the code section that authorizes the program) or simply “drug diversion.” This program is the first option if you are going to plead guilty. Drug Diversion allows […]