Legal Question in Criminal Law in California

Im in California, and pleaded Not guilty to a hs 11377 charge. As a first time drug offender im eligible for felony DEJ.The DA wont offer me anything better but my question is that if i go to trial will i still be eligible for DEJ if im found guilty? If this is the worst case scenario then why not go to trial, what do you have to lose ! Right?thankyou

Asked on 11/03/13, 11:55 am

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

The DEJ is not available after you go to trial.

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Answered on 11/03/13, 5:51 pm

Terry A. Nelson Nelson & Lawless

will i still be eligible for DEJ

absolutely not.

if you go to trial and lose, you will be sentenced to the full term and penalties of the law. That's why most people cut their risk and enter a plea bargain.

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Answered on 11/04/13, 7:03 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with the previous two responses. If you successfully complete the DEJ program, the case against you is dismissed and you are not actually convicted. If you go to trial and lose, you will be convicted, but you may be eligible for a different program, known as proposition 36.

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Answered on 11/07/13, 5:49 am

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