Legal Question in Criminal Law in California

11550 Charge

I was arrested for being under the influence (11550a), and I was on ecstasy at the time, I had taken a drink or two of beer a couple hours before, and I had smoked some marijuana the day before for the first time. A blood sample was taken about two hours after the arrest, and I suspect I will test positive for these substances.

I am 18 years old, and prior to this indecent, I have never been in any kind of trouble with the law. I just graduated with honors and above a 4.0 gpa, I am an eagle scout, I was president of several clubs at my school, and I volunteer on a regular basis.

I am aware that the penal code states that a 90 day to one year jail sentence must be served for this charge. I have read about diversion programs, and I am curious what the requirements to enter those programs are. If entered into the program, does it lessen the or substitute for the jail time? Will providing documentation of my achievements and showing that I am a productive member of society help my case? Is there any action I can take in the mean time to show that I have learned from my mistakes that would impress the court? I was arrested in CA, but I am a resident of AR. Will this change the sentencing?


Asked on 6/01/09, 1:57 pm

5 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 11550 Charge

Diversion would eliminate any jail time and would mean your case would be dismissed once you completed your program and either 12 or 18 months of your probation went by. You would probably qualify for what is known as DEJ. You would probably have to complete a similar program in Arizona if you could not take your classes in California.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 6/01/09, 11:44 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 11550 Charge

You Need To Hire A Lawyer.

Don't assume you'll have to do jail time. The most important thing is keeping you from getting a criminal record if possible. Your GPA and other.impressive achievements won't show up on an employment "background check."

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Answered on 6/01/09, 2:28 pm
Terry A. Nelson Nelson & Lawless

Re: 11550 Charge

Your first offense status and background will help to obtain a 'plea bargain' that you may be able to accept. Diversion is possible, rather than simple conviction. If this is in SoCal, feel free to contact me for the legal help you need. From a former BSA leader, you might ponder on the Boy Scout Oath in regards your conduct that got you here.

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Answered on 6/01/09, 2:43 pm
Karen Olson Attorney at Law

Re: 11550 Charge

Based on what you have written, it would appear that you are eligible for either the Prop. 36 diversion program or the PC section 1000 drug diversion program. There are advantages and disadvantages associated with each of the programs so consult with an experience criminal defense attorney.

Also, you are entitled to a court-appointed attorney if you cannot afford to hire one yourself.

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Answered on 6/01/09, 4:25 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: 11550 Charge

Please either re-post your inquiry giving the county where the arrest happened, so we can advise you, or search for a criminal defense lawyer in the county of the arrest and call him or her. If it is in the San Francisco Bay Area, I might be able to help you.

Yes, your achievements will help, and I can see that you have a lot going for you, but what you can do that will most help is to honestly recognize that you have a drug problem. You seem way beyond occasional recreational use and your arrest should give you a clue to that fact.

You should immediately start attending N.A. meetings twice a week. "Narcotics Anyonmous". The Court will absolutely want to see that. Your post makes no mention at all of any awareness that you are in this trouble due to out of control drug use, which suggests you may be still in denial.

Believe me, after seeing kids like you for 35 years, you are on the fast track to having your entire life ruined unless you recognize you have a problem. Good luck

You can find my additional contact data on http://Dinday.com.

Good luck.

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Answered on 6/01/09, 6:26 pm


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