Legal Question in Criminal Law in California

prop 36 elidgible?

i have a drug charge felony pending in one county that states im prop. 36 inelidgible,and have been offered prop 36 in another co. for a misdeameanor. does not the judge have descretion to give it,if desired?

Asked on 2/23/08, 7:20 pm

1 Answer from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz
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Re: prop 36 elidgible?

In theory, grounds for Prop 36 are legal/technical and by statute you are either eligible or not, cut and dry. In practice, a good attorney often can fudge/do certain things to make a defendant eligible even if he/she is not supposed to be. Also, the judge could "overlook" certain things in the record to make one qualify. While I do not know the facts of your situation and I cannot offer you a more precise opinion without knowing more, it sounds like you need an attorney. The outcome to shoot for in your case would be to roll both cases into a single Prop. 36 program where you reside, if not better.

Jacek W. Lentz


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Answered on 2/23/08, 8:14 pm

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