I wanted to know what drug programs we can afford. I was told he can't do PC1000 or Prop 36 because of the sales charge but his friends say it doesn't matter.
Criminal Defense Attorney
PC 1000 etc. and prop 36 are treatment programs for those who USE, not those who distribute/sell even if the sales is to support their habit. The H&S 11351 will prohibit the DEJ and prop 36. He might find his way into a program if the DA is willing to modify the 11351 to 11350. The exchange might not be for a DEJ disposition but a closely court monitored drug program.
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He is ineligible for both PC 1000 and Prop 36/PC 1210 because of the HS 11351. However, that doesn't mean it is impossible to get into one of those programs. Sometimes a skilled lawyer can convince the prosecutor to reduce the charge to a straight possession. If that were to happen, your boyfriend may be eligible for either program, depending upon his record. PC 1000 can only be completed once every 5 years, and has other prohibitions if he has been convicted of certain other crimes in the past. Prop 36 is more forgiving as far as his background is concerned. PC 1000 is the better of the 2 options, assuming he becomes eligible, as he pleads guilty up front, but the sentencing is continued 18 months in order to allow him to complete a 25 week drug class, random testing, and having no negative police contacts. Therefore, he is not a convicted felon while the program is in process, as a conviction is synonymous with sentencing, and as long as he does what he is supposed to, the plea is withdrawn and dismissed 18 months after it began. Prop 36 requires a plea and a sentence of probation with orders to complete Prop 36. If he completes Prop 36, he can then petition to have his plea withdrawn and the case dismissed. While he is in the Prop 36 program, he would be a convicted felon. Once he successfully completes Prop 36, and successfully petitions to have the plea withdrawn, he is no longer a felon. However, he would have to disclose the charge in certain circumstances, unlike a PC 1000 dismissal.
Speeding / Traffic Ticket Lawyer
As other counsel has relayed, the possesion or purchase for sale are not subject to treatment under PC 1000 or Prop 36. If your boyfriend has a drug problem, he should immediately seek treatment. There are many resources available, some without cost. If he gets into residential treatment while the case is pending, he has a better chance of successful resolution of the case along the lines of possession. If he is an addict, he might meet criteria for drug court. If you want to call, my office can discuss treatment alternatives as a courtesy.
Your boyfriend isn't eligible for Prop 36 or PC 1000 because of the sales charge. If his attorney can get the charge changed to simple possession, then he may be (it depends on his record, the facts and what his attorney can work out for him).
There are low or no-cost drug treatment programs available, but it won't matter unless he can do that instead of jail or prison. Of course, getting treatment before court could demonstrate his willingness to seek help and change.
He needs to discuss all this face to face with his attorney.