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Charges reduced from 11379 (prescription pill sale) to 11366. 3-yr probation,40 days community service then reduce to misdemeanr

Los Angeles, CA |

After two years, charge may be reduced to Misdemeanor if I follow the rules. Is it true that probation can be as short as the 40 days of community service if I pay all my probation fines, complete all 40 days and stay out of trouble? Also, since the non-PC1000 or Prop. 36 charge of 11379 is now reduced to a PC1000 or Prop. 36 eligible charge of 11366, may I go back to court and ask the judge to consider my non-existent criminal history and professional career as well as desire to relinquish a prescription pill addiction and offer me PC1000 or Prop. 36

I accepted the offer. My lawyer said it's beat to do so.

Attorney Answers 2


The situtation described required you be represented by an attorney. The case has a history that the attorney is familiar with and probably in the best position to answer question. The original charge is indicated as possession of controlled substance for sale. It sounds like you took a plea bargain that called for a felony plea with felony probation on certain terms and conditions. Propostion 36 is a program of probation. PC 1000 is a deferral of judgment in whcih the plea does result in a conviction for most purposes. After you have been sentenced, it is extremely unlikely that anyone would agree to modification to these provisions. It would require agreement of the representative of the People, the Court and you. The People have negotiated for a plea and sentence. The fact that they did so, does not then allow you to re-negotiate for an even better deal. There are standards for both PC 1000 eligibility and PC 36 elegibility that you probably did not meet based upon the facts and the original charges. Sounds like you got a great deal. You probably will have to live with it and do your best in the absence of some other circumstances that would allow you to challenge the matter.

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Thank you Mr. Campbell and Mr. Rosenberg. It has now been some time (2+ years since conviction) and thankfully I completed all terms of sentencing, stayed out of trouble and volunteered and successfully completed treatment program among many other volunteer-based rehabilitative efforts. I petitioned for the reduction to a misdemeanor and simultaneous expungement and have been given a court date for January. Following your advice, I retained a lawyer. A good one (family friend) that I can actually trust and feel comfortable with who is very optimistic about the granting of expungement (1203.4 i believe). However, of course this is one of those legal proceedings in which there is no "promises" and I understand that and because I now truly believe that I deserved every repercussion as a result of my stupidity (to be modest) I am ready for the worst but I will not give up for the sake of my career at least. Thank you again gentlemen.


I am not exactly clear on what happened here because you do not say whether you actually accepted the offer of HS 11366 and whether you received your sentence. First, you say that the probation is going to be 3 years, then you seem to ask if it could possibly be 3 days. If your question is, since I plead to HS11366, why didn't anyone bring up the idea that now I might be eligible for DEJ or Prop. 36? Then the answer is that you need to contact the attorney who represented you at your plea, or, consult with and retain a new attorney. If you have been sentenced it will be harder to change but may still be possible. good luck.

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