Legal Question in Criminal Law in California

Re: Substance Abuse/Crime Prevention Act Prop36

Someone needs to call 'Wants and Warrants' to check and see if there is really an outstanding warrant. Then it's obvious from this individual's record that he has very little police contact. Here's the scenerio that I think will happen if he goes back to the sentencing court and asks to have his file sent up to the duty judge. The clerk will have problems finding his file. They may not be able to find it at all. The court is probably on it's second computer program (system) since the files have been automated.

Then when the file gets to the judge he/she'll not be vindictive about the matter. The individual will probably be asked why it's taken him so long to come in and he can reply that, he's been lost, and living on the streets. Or some other inane comment. The court (depending on how busy it is at the time) may tell him to come back on a date certain to talk to the D. A. (also may appoint the Public Defender to represent him) about some resolution of the problem, or take care of the matter right then by sending the indivudal to the D. A. to talk about the possible sentences. My thoughts on the matter is the individual will receive some sort of counseling program under either the old P. C. 1000 or the new Prop. 36.

I don't think that he'll have handcuffs put on him and thrown into the dungen. Courts like to encourage good citizenship. And good citizens come to court to take care of their problems. Which this individual is doing. If every individual that had a problem who were in court taking care of their problem witnessed someone having handcuffs place on them for coming to court voluntarily, half the audience in the court would run out. It would also be a good idea to have someone accompany the indivudal to show the court that he/she has community support. Judge's like to feel good about themselves, and this individual is obviously no threat to the community.