What will be the sentence for a prop. 36 client(possession of heroin, no priors) be if he opts out?

Asked about 1 year ago - Lompoc, CA

My 21 yr . old son was arrested for possession of heroin after OD on it . He is i jail waiting for placement to a 6 - 12 mo . residential drug rehab , since Oct . 2012 . ( He did go to a Salvation Army ARC but he walked out and was sent back to jail ) . There are very few options for a long term rehab even with insurance . He is frustrated and is thinking of opting out of prop . 36 . What will his sentence be ?

Attorney answers (3)

  1. Nicholas Milan Loncar


    Contributor Level 17


    Lawyers agree

    Answered . You know your son best and how to handle the situation, but I wouldn't recommend opting out of Prop. 36. The fact that our government wants to punish people for their addictions is horrible, but Prop. 36 is a good step in the right direction. The treatment programs it requires could save your son's life and are a much better option than incarceration.

  2. William Carlos Makler


    Contributor Level 12


    Lawyers agree

    Answered . I'm sorry to learn of your son's situation. It sounds very challenging and sad. No one on will have better information on this than his current lawyer. How much incarceration will depend on many factors such as prior history, circumstances in aggravation with the instant offense, what the charges he pled to were, etc. You won't get a precise answer here.

  3. Ross Benjamin Green

    Contributor Level 7


    Lawyer agrees

    Answered . Another issue of opting out is your son being stuck with a felony conviction. A benefit of Prop 36 is that the conviction is dismissed when he completed the program. A sentence can be temporary but a felony conviction can have long lasting effects.

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