I am being charged with 11350(a)hs what can i do

Asked over 2 years ago - Long Beach, CA

This is my first arrest. I go to school and have a 3-year-old daughter.

Attorney answers (4)

  1. John M. Kaman


    Contributor Level 20


    Lawyers agree

    Answered . First of all, you should hire a lawyer or, if you cannot afford one, ask for the public defender. If this is your first offense and no other charges are involved, you should qualify for diversion under PC 1000. If this is the case, you will be given a program to complete out-of-custody and when you have finished, the court will remove the record of your conviction.

    Given your eligibility for diversion, I do not think you should worry about possible jail time.

  2. Michael Rutledge Norton

    Contributor Level 16


    Lawyers agree

    Answered . Hire an attorney. If you cannot afford one, ask for a public defender on your first court date. You should be eligible for pc 1000 or prop 36. Once you get an attorney, speak with them about these programs and about possible defenses.

  3. Sean Anthony Brady

    Contributor Level 15


    Lawyers agree

    Answered . My colleagues are correct. If you can afford a private attorney, you should speak with one immediately. Actually you should speak with a few and choose the one you feel most comfortable with. Most offer free consultations. Ideally, as my colleague explained, you want an attorney that is familiar with the court where your case is being handled. This is because that attorney will know the prosecutors and judges and other workings of the court to be able to maximize your chances for a favorable outcome.

    Do NOT discuss this case with ANYONE except your attorney.

    If you cannot afford a private attorney, just request a public defender at your first court date. Do not say anything to the prosecutor or judge at your court date other than to request an attorney if you do not hire a private one before then.

    All my comments here are intended for general legal purposes. None of my comments here establish an attorney-... more
  4. Patrick Michael Coughlin

    Contributor Level 7


    Lawyer agrees

    Answered . I would agree with the other attorneys that have posted and recommend seeking a diversion pursuant to PC 1000. However, understand that the charge you are cited with does carry a 90-day minimum jail sentence. If you cannot complete your diversion program, the District Attorney will file a motion for entry of judgment and there may be jail time. This only occurs if you fail the program.

    Ultimately, make sure you speak with an attorney about the matter - if you can't afford one, utilize the services of the public defender. They will be able to assist you with what decision to make.

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