Legal Question in Criminal Law in California

failing prop 36 treatment

I was in a prop 36 program my charge was under the influence. I gave a couple of dirty tests and the program wanted me to start all over after doing 8 weeks . this time 12 weeks all day monday thru friday. I cannot do that I will lose my job and become homeless. I was very upset and I left and didn't go back. What will happen to me now?

Asked on 3/24/09, 12:29 pm

2 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz
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Re: failing prop 36 treatment

You are probably in violation of your probation already and there is a bench warrant out on you. The longer you wait to take care of it the worse your situation will be.

Your options will be to either plead with the judge to reinstate you on Prop 36 or give you a light jail sentence in lieu of Prop. 36. In your calculations you should take into account that completion of Prop 36 program results in dismissal of your case, jail sentence does not.

Jacek W. Lentz, Esq.


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Answered on 3/24/09, 12:36 pm
Terry A. Nelson Nelson & Lawless
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Re: failing prop 36 treatment

An arrest warrant and a return to court for sentencing on the original charges, per the probation deal you made.

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Answered on 3/24/09, 1:02 pm

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