In the 1980s the Federal Government declared war on drugs…this changed the face of how Federal Drug Crimes would be dealt with for decades to come. The “just say no” to drugs slogan has had a deep impact on federal drug crimes across the nation for many years. We are attorneys that understand the history of federal drug crimes and can protect you now and into the future.
We understand the devastating impact a conviction for federal drug trafficking can have on you, your family and your loved ones. We have handled thousands of federal drug cases for our clients over the many years that we have practiced federal criminal defense. We have won case that basically determined whether our federal clients ever emerged from prison again. Because have handled so many federal narcotics cases we have the uncanny ability to direct our clients in the right direction. When it comes to federal narcotics cases…one false move can cost you your life in federal prison.
We have given you the ability to see who the federal criminal defense attorneys are that will represent you, if you have a federal narcotics charge pending against you and everything is on the line. We are so confident in our abilities that wanted you to see us face to face and hear our powerful message. Schedule an absolutely confidential consultation with us immediately…your future depends on it! (818) 986-2092
Proposition 36: An Alternative to Jail
Proposition 36 (the Substance Abuse and Crime Prevention Act, also known as Prop 36) is a California law that lets “nonviolent drug possession” offenders get substance abuse treatment instead of going to jail/prison. A non-violent drug possession offense is defined to include possession or transportation for personal use of any controlled substance, or being under the influence of a controlled substance in violation of Health & Safety Code Section 11550. The substance abuse treatment program under Prop 36 is for a period of up to 12 months, with a possible addition of 6 months of “aftercare.”
Prop 36 is just one of the sentencing alternatives available to nonviolent drug possession offenders in California. Diversion (Deferred Entry of Judgment or
DEJ or PC 1000) is the other option. An experienced
California criminal defense attorney will know which option is best and will be the most effective in getting an optimal result.
Qualifying for Proposition 36
Not all defendants convicted of a non-violent drug possession offense are eligible for probation and treatment under Prop 36. Subdivision (b) of section 1210.1 of the California Penal Code deems the following defendants ineligible for the program:
- Any defendant who has been incarcerated within the last five years for a serious or violent felony offense.
- Any defendant convicted in the same proceeding of a non-drug related misdemeanor or felony.
- Any defendant who, during the commission of the offense, was in possession of a firearm and, at the same time, was either in possession of or under the influence of cocaine, heroin, methamphetamine or phencyclidine (PCP).
- Any defendant who refuses treatment.
- Any defendant who has two separate drug related convictions, has participated in Prop 36 twice before, and who is found by the court by clear and convincing evidence to be unamenable to any and all forms of available drug treatment. In such cases the defendant shall be sentenced to 30 days in jail.
Parole violators who commit a nonviolent drug possession offense or who violate a drug-related condition of parole are also eligible for Prop 36 drug treatment as an alternative to returning to prison. To be eligible, the individual must have no prior convictions for serious or violent felonies.
Violating Proposition 36 Probation
If a probation violation is drug-related (e.g., a positive blood test), the judge has various steps he must follow, including ordering the defendant in to a more serious type of drug treatment. If the violation is not related to drugs (e.g., not checking in with a probation officer) or if the judge decides that the defendant will be unable to comply with drug treatment, then probation can be revoked and the defendant can be incarcerated.
Successfully Completing Proposition 36 Drug Treatment
Once the defendant successfully completes the required drug treatment, his/her conviction will be set aside and the indictment or information dismissed. The arrest is expunged, and the defendant is lawfully permitted to state that he/she was not arrested or convicted for the offense that triggered his/her treatment.
If you have been arrested or charged with a drug crime you have options.
Contact us for a FREE face to face consultation.