proposition 36 | 36 prop | los angeles criminal attorney

PROPOSITION 36

36 Prop • Alternative to Jail

Los Angeles Criminal Defense Attorney
California Criminal Attorney

Proposition 36: An Alternative to Jail
Proposition 36 (the Substance Abuse and Crime Prevention Act, also known as Prop 36) is a California law that lets “nonviolent drug possession” offenders get substance abuse treatment instead of going to jail/prison. A non-violent drug possession offense is defined to include possession or transportation for personal use of any controlled substance, or being under the influence of a controlled substance in violation of Health & Safety Code Section 11550. The substance abuse treatment program under Prop 36 is for a period of up to12 months, with a possible addition of 6 months of “aftercare.”

Prop 36 is just one of the sentencing alternatives available to nonviolent drug possession offenders in California. Diversion (Deferred Entry of Judgment or DEJ or PC 1000) is the other option. An experienced California criminal defense attorney will know which option is best and will be the most effective in getting an optimal result.

Qualifying for Proposition 36
To qualify for Proposition 36 sentencing, the defendant must be convicted for a “nonviolent drug possession offense”—using or being under the influence of a controlled substance, or possessing or transporting a controlled substance for personal use. It does not apply to convictions for dealing or trafficking. Proposition 36 sentencing is also not available if:

The defendant has been convicted for a serious or violent felony within five years (For example, a felony that would be considered a “strike”), unless the defendant has served the prison time and been out of prison for 5 years with no felony or misdemeanor convictions involving the threat of violence.
The defendant was convicted during the same proceeding of any felony or a misdemeanor that is not related to drugs. (For example, if the defendant was convicted of drug possession and was also convicted for driving on a suspended license [a misdemeanor not related to drugs] he would not be eligible for Proposition 36 sentencing. But if the defendant was convicted for drug possession and was also convicted for failure to register as a narcotics offender [a misdemeanor related to drugs], then the Proposition 36 sentencing would be available).
3.The defendant used a firearm and was either under the influence of, or possessed cocaine, heroin, methamphetamine or phencyclidine (PCP).
The defendant refuses drug treatment.
The defendant has two separate convictions for non-violent drug possession offenses and has been through two separate Proposition 36 drug treatment courses and the court determines that the defendant would not respond to drug treatment. In this case, the defendant is sentenced to 30 days in jail.

Parole violators who commit a nonviolent drug possession offense or who violate a drug-related condition of parole are also eligible for Prop 36 drug treatment as an alternative to returning to prison. To be eligible, the individual must have no prior convictions for serious or violent felonies.

Violating Proposition 36 Probation
If a probation violation is drug-related (e.g., a positive blood test), the judge has various steps he must follow, including ordering the defendant in to a more serious type of drug treatment. If the violation is not related to drugs (e.g., not checking in with a probation officer) or if the judge decides that the defendant will be unable to comply with drug treatment, then probation can be revoked and the defendant can be incarcerated.

Successfully Completing Proposition 36 Drug Treatment
Once the defendant successfully completes the required drug treatment, his/her conviction will be set aside and the indictment or information dismissed. The arrest is expunged, and the defendant is lawfully permitted to state that he/she was not arrested or convicted for the offense that triggered his/her treatment.

The Right Criminal Defense Attorney Makes the Difference
If you have been arrested or charged with a drug crime in Los Angeles, you have options. As a criminal defense lawyer I defend people charged with drug crimes ranging from simple possession to sale and distribution of drugs.

I do not take criminal cases only to negotiate a plea agreement, but if a drug treatment program or alternative to jail is available and is going to help your situation, I will fight hard to get that option. I am an aggressive criminal defense attorney, who along with my team of experienced criminal defense attorneys knows how to get results in drug cases and how to help my clients qualify for Proposition 36.

Contact my office for a free consultation!

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

Los Angeles criminal defense attorneys Stephen G. Rodriguez and Associates represent clients in the Los Angeles county area, which include, Airport Courthouse, Alhambra Superior Court, Antelope Valley Court, Bellflower/Cerritos Courthouse, Beverly Hills Court, Burbank Courthouse, Catalina Courthouse, Central Arraignment Court, Central Civil West Courthouse, Chatsworth Court, Criminal Courts Building/Clara Shortridge Foltz Criminal Justice Center, Compton Superior Court, Culver City Court, David V. Kenyon Juvenile Justice Center, Downey Courthouse, Eastlake Juvenile Court, East Los Angeles Court, El Monte Courthouse, Glendale Courthouse, Hollywood Court, Inglewood Courthouse, Inglewood Juvenile Courthouse, Long Beach Superior Court, Los Padrinos Juvenile Courthouse, Central District Court (Downtown Los Angeles Federal Court), Malibu Court, Mental Health Courthouse, Metropolitan Courthouse, Norwalk Superior Court, Pasadena Superior Court, Pomona Courthouse North, Pomona Courthouse South, Redondo Beach Courthouse, San Fernando Court, San Pedro Court, San Pedro Courthouse Annex, Santa Clarita Court, Santa Monica Court, Stanley Mosk Courthouse, Sylmar Juvenile Court, Torrance Superior Court, Van Nuys Courthouse East, Van Nuys Courthouse West, West Covina/Citrus Court, West Los Angeles Court, and Whittier Superior Court.

Some of the terms that pertain to our practice include, but are not limited to: dui, child abuse, identity theft, drunk driving, fraud, domestic violence, grand theft, felony, kidnapping, narcotics, robbery, misdemeanors, restraining order, TROs, arrest warrant, theft, hit and run, vandalism, arson, shoplifting, stalking, cyber stalking, embezzlement, burglary, extortion, bench warrant, expungement, criminal threats, sex crimes, solicitation, probation violation, suspended license, carjacking, gun weapon, attempted murder, petty theft, alternative sentencing, lewd conduct, drug possession, clear criminal record, juvenile offense, seal juvenile records, prostitution, rape, bail, criminal appeal, assault, battery, attempted murder, solicitation for prostitution, criminal threats, trespass, commercial burglary, residential burglary, theft crimes, credit card fraud, violent crimes, proposition 36, perjury, murder, attempted murder, three strikes, prostitution, rape, statutory rape, receiving stolen property, forgery, vandalism, weapons, gun charges, vehicular manslaughter, disorderly conduct, drug diversion, DEJ, grand theft, grand theft auto, house arrest, electronic monitoring, marijuana, conspiracy, petty theft with prior, attempt crimes, drug offenses, bribery, blackmail, child abuse, and bench warrant.