A Prop. 36 Participant may use Medicinal Marijuana – California Penal Code 1210.1 and 11362.5
Can I Keep my Gun if I Complete Drug Diversion?
Can I Keep my Gun if I Complete Drug Diversion? One of the results of pleading guilty or no contest to a felony drug offense in California is losing your right to possess a gun. If you are being charged for the first time with a non-violent drug possession offense, however, you may be eligible for a drug diversion program under either Penal Code 1000 or Proposition 36. This means…
Read MoreHow You Can Avoid Jail Time in Your Drug Case (Penal Code Sections 1000 and 1210.1)
How You Can Avoid Jail Time in Your Drug Case (Penal Code Sections 1000 and 1210.1) Are you facing a drug possession charge? If so, you need to be aware that California law authorizes alternatives to jail time for defendants arrested for non-violent drug possession offenses. Not only can you potentially avoid going into custody, you may be eligible to have your record cleared of the conviction. Drug Diversion Applies…
Read More7 Benefits to Alternative Sentencing Under California Drug Diversion Programs
7 Benefits to Alternative Sentencing Under California Drug Diversion Programs California defendants charged with non-violent drug use or drug possession crimes may be eligible for alternatives to traditional forms of sentencing and punishment otherwise provided for in a criminal prosecution. If you are facing drug possession charges, you should speak to an experienced criminal defense attorney at Wallin & Klarich who can determine if you qualify for what is commonly…
Read MoreWhat is Drug Diversion in Orange County? (P.C. 1000 and Prop. 36)
What is Drug Diversion in Orange County? (P.C. 1000 and Prop. 36) In Orange County, there are several alternatives to going to jail for simple drug possession cases. Your Orange County Wallin & Klarich attorney can help you get into a drug diversion program and avoid serving time in jail. California Penal Code section 1000 (“P.C. 1000”) and Proposition 36 (“Prop. 36”) are two types of diversion programs that you…
Read MoreHow Can I Avoid A Jail Sentence For Possession Of Controlled Substance? HS 11350
How Can I Avoid A Jail Sentence For Possession Of Controlled Substance? HS 11350 A routine traffic stop can lead to criminal charges if law enforcement finds a controlled substance in your vehicle. A controlled substance can be, for example: heroin, cocaine, or prescription drugs without a valid prescription. Possession of Controlled Substance in California In California, possession of controlled substance is codified under Health and Safety Code Section 11350, which…
Read MorePetition For Resentencing Under Proposition 36
Petition For Resentencing Under Proposition 36 Proposition 36 has passed. It allows certain inmates a right to recall their sentence if the felony that sent them to prison for life is not a violent or serious felony as stated in the new law. There are certain aspects of the law that you need to understand to make certain it applies to your case. An inmate is eligible for re-sentencing if:…
Read MoreI am Being Charged with a Crime in Orange County; can I get Diversion??
I am Being Charged with a Crime in Orange County; can I get Diversion?? There are unfortunate times where one may find themselves facing a criminal charge in Orange County. The good news, is that there are certain categories of crimes which can be eventually be dismissed through a process called "Diversion". This process is available dependent on the type of crime being alleged, and what the individual being charged…
Read MoreResearching Drug Court
Researching Drug Court The question will remain, does Drug Court reduce the recidivism rates of drug offenders? Thousands of people addicted to drugs are in every corner of our country and repeatedly have to go to court to address these issues. Drug Court is a new way to address the problem. Drug court has many ways to encourage and to assist people who are addicted to drugs. The counseling offers support, structure,…
Read MoreI Need to Get to One of San Diego’s Drug Diversion Programs – What Should I Do Next?
I Need to Get to One of San Diego’s Drug Diversion Programs – What Should I Do Next? In California, there are several alternatives to going to jail for simple drug possession cases. Most typical types of diversion programs are California Penal Code 1000 and Proposition 36. Under P.C. 1000, also known as the Deferred Entry of Judgment ("DEJ"), certain individuals are allowed to enter into a drug treatment program…
Read MoreA Prop. 36 Participant may use Medicinal Marijuana – California Penal Code 1210.1 and 11362.5
A Prop. 36 Participant may use Medicinal Marijuana - California Penal Code 1210.1 and 11362.5 Proposition 36 (“Prop. 36”) is a diversion program available for individuals who are trying to clean up from their addiction to drugs and to avoid jail time. What happens if the individual enters the Prop. 36 program, but the individual has a prescription for medicinal marijuana? In People v. Beaty (No. F055868), the appellate court…
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