I was recently terminated from a Pre-Plea drug court in California. I never signed the mandatory participant contract - which is required to be individualized and to contain specific detailed information outlining rules and expectations. Overall, I never actually understood why I was treated much more severe than the rest of my DC peers. There was no graduated/incremental sanctions, but EVERYTIME I recieved the maximum penalty and often via Double/Triple Jeopardy. The Judge also went outside his scope of practise and ruled on my professsional licenses which were also included in sanctions. I was terminated 2 weeks prior to graduation. As there was no signed contract, can anything be done to get the case dropped/dismissed/appeal/post-conviction motion/direction to follow/etc???
Now that you have been terminated from the program, you should demand your right to state prison for the remainder of the sentence. There are no harassing tests like in the program and you will not have to worry about signed contacts or "double/triple jeopardy" issues.
I join Mr. Hill's comments. I question much of what you state in your post as well. I refuse to believe you participated to the extent described without completing a contract nor the involvement of an attorney. Speak with your attorney about your complaints.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
I agree with Mr. Hill and Mr. Finnecy. It's too bad that your knowledge of the law prevented you from completing the program. You have spent a lot of time kicking a gift horse in the mouth. Speak to your original attorney and see if he or she can work a miracle. YOUR CHOICES are ruining your life.
I appear often in Drug Court with clients in SF. For those with a positive attitude it can be a life changing experience. But for those who are angry and paranoid not much can be expected especially from the Judge in that Court. If you are terminated you go back to criminal court, if you have not entered a plea. If you did enter a guilty plea the Judge will just sentence you and he likes to max people out.
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