I am currently on probation for trespassing, and was recently arrested for a misdemeanor possession of having Xanax. I was wondering if I would be eligible for PC 1000.
Asked on 7/11/10, 5:00 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Possible, but not guaranteed. Plea bargaining with the DA is how you'll determine the answer. If serious about hiring counsel to represent you in this, feel free to contact me.
Answered on 7/12/10, 10:39 am
Anthony Roach
Law Office of Anthony A. Roach
I don't agree with Mr. Nelson on this one. You don't have to plea bargain to qualify for Penal Code section 1000, commonly referred to as "diversion." I would need to know the specific charging statute, and any enhancement charges to provide you a definitive answer of whether you qualify. The prosecutor is supposed to make this determination. Send me a private e-mail with the specific charge/ charges if you want an answer.
Answered on 7/14/10, 3:15 pm
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