i just picked up 2 petty theft charges. im already on prop 36/ probation. is there any alternative i can do besides doing time?

Upland, CA Viewed 96 times. Posted 9 months ago in Criminal Defense

im on my 2nd violation for prop 36 and i picked up the 2 petty thefts within a 2 week period while i was waiting to get reinstated into my drug program for my 2nd violation. - Is this your question? Add additional information

Answers (2)

Okorie Okorocha

This attorney is licensed in California. Posted 9 months ago.

Oh boy, this is not good. You can get second chances if you relapse, but I am not sure since these are not drug crimes. This could be trouble, but I think you may catch a break, I do not think you are facing the book.

My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.

Deirdre Lynn O'Connor

This attorney is licensed in California and 2 other states. Posted 9 months ago.

In most prop 36 courts, there is an experienced public defender there who knows the judge and how your particular judge will respond to this. If you do not have a private lawyer, and you qualify - you can have the PD help you. Even if you don't qualify, a decent PD will tell you what to expect from the judge and suggest ways you can improve your chances.

Many judges will see petty thefts during a period of relapse as just part of the relapse and will work something out for you. A decent judge will understand that the road to recovery is often bumpy, which is why Prop 36 anticipates set backs.

You really should talk to an experience local criminal defense lawyer (which includes your local PD) who knows your judge. Good luck.