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?
1 Answer from Attorneys
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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