If you are convicted of the Felonies then you may be able to reduce them to Misdos with a PC 17(b) motion. However, it is very Iikely that you would be placed in a Prop. 36 program if this is your first offense. This is a treatment program in which a criminal sentence and conviction is avoided. Contact an attorney for more details about your case. Good luck.
Programs usually help reduce or lead to potential dismissal of the charges. Good Luck!
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Based on the charges, the HS 11377 (simple possession) can be resolved for either a misdemeanor or felony. HS 11379 (transportation) cannot be reduced to a misdemeanor because it is a straight felony. Also, if the DA will not agree to dismiss the 11379, you will not be eligible for diversion pursuant to PC 1000. Your best avenue is to consult an attorney or ask for a public defender if you cannot afford private counsel because this is your first offense to determine if there are any defenses and/or some type of motion to dismiss the case due to an unlawful detention or search. If not, diversion is more preferable than Prop. 36 and an experienced attorney can see what can be done to resolve the case for diversion, maybe even diversion on a misdemeanor 11377.
The 11377 can be reduced to a misdemeanor and I you have a clean record be given DEJ and have it eventually dismissed. In order to have that happen the sales (which is not reduce able must be dismissed).
You need to go through your case in great detail with an attorney and see what can be done.
The simple posession charge is both reduceable to a misdemeanor and qualifies for diversion programs. The transportation charge is not. As such, you need to get the transportation count dismissed in order to be eligible for the relief you are seeking. My advice is to consult with an attorney in your area to see what steps need to be taken to give you your best chance at your desired result.
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If placed on Felony probation, it must be on an Imposition of Sentence Suspended and NOT Execution of Sentence Suspended. The former is where the court, at sentencing, does not select a term of imprisonment if you later violate probation. The latter, the court picks a term of imprisonment, if you later violate probation.