I have been charged in Riverside County CA of misdemeanor HS 11377, possession of a controlled substance & misdemeanor 647 (f)

The Complaint charge of PC 647 (f) specifies that I was under the influence of alcohol AND drugs (hydrocodone) and my HS 11377 (a) charge is for possession of hydrocodone. Although I have 2 Misdemeanor DUI convictions (2003 & 2009--all probation orders complete), I have never had any drug arrests or convictions. Assuming I am eligible for PC1000 in every other way, aren't both of these qualifying charges?

Riverside, CA -

Attorney Answers (3)

Nicholas Milan Loncar

Nicholas Milan Loncar

Criminal Defense Attorney - Los Angeles, CA
Answered

Both PC 647(f) and 11377(a) are PC 1000 eligible. PC 1000 eligibility is not a guarantee that you'll get it, though. It could also depend on whether the DUIs were alcohol related or drug related. The amount in question and plenty of other factors will weigh in here. I would strongly recommend hiring an attorney. If you cannot afford an attorney, the public defender will be able to help you try to get PC 1000.

Jeffrey George Moore

Jeffrey George Moore

Criminal Defense Attorney - Riverside, CA
Answered

PC1000 (diversion) only applies to "subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance." The addition of alcohol to the mix is a fairly chickenshit reason to deny diversion if you are otherwise eligible.

The bad news is that hydrocodone should be charged under 11350H&S, if I'm not mistaken. The difference between 11377 and 11350 is that the latter is an irreducible felony, while the former can be either a felony or a misdemeanor. Not a huge problem if you are given PC1000, but could be an issue if you are given Prop 36 or some other sentence.

In the meantime, get into treatment, detox, rehab, or at least NA/AA. Controlled substances seem to be a problem for you, and these efforts may help resolve your case down the road.

Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance.... more
Anthony Michael Solis

Anthony Michael Solis

Criminal Defense Attorney - Los Angeles, CA
Answered

I'd have to do the research on it, but I don't believe the 647 charge is eligible for PC 1000.

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