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11350 ( a ) HS , 11351 HS , 11378 HS , 11378 ( a ) HS charges combined

Chula Vista, CA |

this person was currently on the drug prevention program prop 36 at time of arrest. What would be the min/max penalty for those charges if found guilty.

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Attorney answers 5


It's impossible to predict this. Like most criminal cases, sentencing is fact-driven. For example, if all of the conduct underlyng the charges stemmed from one criminal course of conduct a person can be convicted of all of the charges but sentenced on only one. I will say that all of the charges except 11350(a) disqualify this person from further Prop 36 referral.

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst


I should clarify what I said. If all of the conduct underlying the charges stemmed from one criminal incident or one criminal enterprise, the person can be convicted of all of the charges, and sentenced on all of the charges. However, the penalties for all but one of the charges would likely be "stayed" and the person actually suffer the penalty of the remaining charge, i.e. prison, fines, etc etc.


The minimum penalty would obviously be a dismissal. At a maximum, there could be the potential for state prison time or significant time in County Jail. You should contact a criminal defense attorney with exact details.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


Because of the possession for sales charges, this person would not be eligible to be reinstated back into Prop 36. Just by looking at the charges you listed, the minimum sentence is credit for time served. However, it seems as if there are three separate possession for sales charges possibly indicating possession of three different types of drugs for sale which makes the minimum sentence more unlikely. It is more difficult to figure out what the maximum penalty would be without knowing more about the case. However, IF the person possessed three different types of drugs for sale and the simple possession charge (11350) was also from the same incident and the same drugs, then the maximum sentence could be up to 5 years and 4 months in county jail (not prison), BUT this does not include the charges for which this person is on Prop 36. This person could look at additional time for violating his probation under Prop 36.


The circumstances of the new arrest will radically affect the overall outcome for your friend. It's not uncommon for defendants to be over-charged in drug cases within San Diego County. If that's the case, and depending on how well your friend has done on Prop 36, a second grant of Prop 36 may be a possibility. Your friend will want to obtain a free consultation with a defense attorney in San Diego County to see what can be done to ensure the best possible result.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381


A significant number of years in custody. "This person" should be consulting with, and hiring, the best locally experienced criminal defense attorney they can afford.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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