Proposition 36

Orange County Proposition 36 Attorney

Proposition 36 Lawyer in Orange County

If you're being accused of a nonviolent drug crime, then call the Orange County drug attorney specialists at the Law Offices of Michael L. Guisti right away and let our legal experts keep you out of jail and keep your record clean, all by putting you into a much needed drug treatment program.

In the November 2000 General Election California voters passed Proposition 36, which allows non-violent drug offenders drug treatment rather than any jail time.

What Exactly is Proposition 36?

As one expert Newport Beach drug crimes lawyer explains, Proposition 36 is defined by Penal Code 1210 as drug diversion that allows a nonviolent defendant to have their charge(s) dismissed if they successfully complete a court-approved drug treatment program.

Under Proposition 36 first and second-time defendants who have been convicted of nonviolent drug possession offenses receive up to twelve months of substance abuse treatment rather than incarceration.

The bottom line, according to our Newport Beach drug defense attorney, Proposition 36 prohibits incarceration as a condition of probation or parole

What Are Drug-Treatment Programs?

Drug-treatment programs under Proposition 36 can be, drug education, outpatient services or extended residential treatment, detoxification services or narcotic replacement therapy, or aftercare services.

Who is a Nonviolent Drug Offender?

"Nonviolent drug possession offenses" include unlawfully using and/or being under the influence of any of the drugs listed in the United States "Controlled Substances Act", and/or possessing or transporting any of these narcotics for personal use.

Your Drug Offense Must Be for Personal Use

If your nonviolent drug offense involved any sales of drugs you will not likely qualify for Proposition 36 treatment.

Growing Marijuana

As one Orange County marijuana lawyer explains, if you are charged for growing marijuana, even if it's for your own personal use, you will not qualify for Proposition 36 treatment.

Prior Crimes

If you have been convicted of one or more felonies that qualified for a strike against your record, per California's Three Strike Laws, you cannot qualify for Proposition 36, unless the qualifying nonviolent drug possession offense occurred at least five years after you were last released from prison, and either were convicted of a felony other than a nonviolent drug possession offense or a misdemeanor that involved physical injury or the threat of physical injury to another person, according to PC 1210.

What If You're Convicted of Other Charges?

As one Orange County criminal lawyer explains, if you were convicted in the same court proceeding of either a misdemeanor "not related to the use of drugs", or a felony, you're ineligible for Proposition 36.

What If I Participated in Proposition 36 Treatment, Can I Do It Again?

If you have two separate convictions for nonviolent drug possession offenses, and were sentenced under Proposition 36 for both of those offenses, and the judge believes that you are unable to benefit from Proposition 36, you are not only ineligible to participate again in Proposition 36, but will also be required to serve a minimum of 30 days in jail.

What If I Take My Case To Trial and Lose, Could I Still Opt for Proposition 36?

Yes, if you lose your case at trial, and you meet the above requirements you can ask the judge for Proposition 36 drug treatment rather than face your sentence.

Successfully Completing the Program

Under PC 1210.1 "successful completion of the program" means you successfully completed the drug treatment program that was recommended by the drug counselor and ordered by the court and that there is reason to believe you will no longer use drugs.

Getting the Drug Offense Removed

Once you've successfully completed your drug treatment you can have the arrest and offense dismissed, and you can legally say you were never arrested or tried for this drug crime.

Will I Ever Have to Tell Somebody About My Arrest and Conviction?

For most employers along with housing and rental agencies, you can legally state you've never been arrested or convicted for this drug charge, however they're some exceptions.

You will have to state your arrest and conviction if you apply to become a peace officer, apply for public office, applying to a state or local license agency that contracts with the California State Lottery, or during jury selection.

Other Sentencing Alternatives

If you find the guidelines for Proposition 36 are not for you, or you don't meet the requirements, you have two other alternatives to avoid any possible jail time.

PC 1000

Under PC 1000 you could enter a deferred entry of judgment while the judge offers nonviolent drug possession offenders the opportunity to have charges dismissed upon the successful completion of a drug treatment program.

Unlike Proposition 36 you're not sentenced to formal probation while in a PC 1000 drug treatment program. Also unlike Proposition 36, if the judge believes you're not making any progress in the drug treatment program he/she could pull you out of the program and order you to stand trial, which, depending on the circumstances of your case, you could enter a Proposition 36 program.

The biggest advantage to PC 1000 is marijuana along with other drugs that disqualify you for treatment under Proposition 36 does qualify under PC 1000.

California Drug Court

Another alternative available is California Drug Court, which also allows you to have your charges dismissed upon completing a drug treatment program.

Unlike Proposition 36 and PC 1000 doing treatment through California Drug Court may require regular drug testing and closing monitoring by the courts.

Get Help Now!

What is done, is done, but now you have not only the opportunity to potentially get rid these charges from your record, but most importantly, get much needed drug treatment.

Call the Orange County drug attorney experts at the Law Offices of Michael L. Guisti right away at 714-530-9690 so our legal experts can work with the judge to help get you the drug treatment you need.

Also by calling right away if you've been charge with a drug offense that may not qualify for a drug treatment program we can work with the Orange County District Attorney's office to work out a plea deal that could allow entry into a drug treatment program.