Legal Question in Criminal Law in California

Drug Charges

Arrested for possession of controlled substance and driving on suspended license. No prior arrests.

I am a single mother of 10 year old. I work full time Monday - Friday.

My first question - if I decline diversion (due to time required to attend classes) what are the consequences?

My second question - should I make a separate appearance for traffic violations (minor traffic that became warrants) prior to appearing on possession charges?


Asked on 7/24/03, 2:16 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Drug Charges

Thank you for your posting.

Absolutely, you should show responsibility and clear up the traffic matters before you appear in front of the judge on your more serious case. Please realize that the judge has the power to take you into custody on warrants, and you want to show that you've taken care of this matter.

You do have the option to refuse diversion, in which case the judge may sentence you to jail, community service, fine, in his or her discretion. Proposition 1000, which is diversion, allows you to have the option to do diversion, but if not completed, or if refused, you have the statutory minimums and maximums to face.

Diversion is a good program, however, and unlike Proposition 36, it doesn't require as much participation from you with the program or court, and allows you to emerge with a clean record.

I hope this helps, but if you have more questions, need further information, or feel that you need legal representation, I am more than happy to help in anyway that I can. Please feel free to email me directly at [email protected] any time.

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Answered on 7/24/03, 2:08 pm


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