It will be up to the Judge as to whether or not he gets flash incarceration for getting a new drug case while doing Prop 36. Generally it is contemplated that drug offenders will relapse while in treatment and usually you get three chances before they terminate you, unless you get a nondrug case which can terminate the Prop 36. Consult with his attorney to review the facts and his options or consider hiring a private attorney to try and keep him out of custody and remaining in Prop 36. Good luck.
You have already found him guilty of the new offense and violation of probation. Don't you want him to defend the new case and beat the violation if possible? I recommend that you retain counsel for him for that purpose. If he loses, it is more likely than not that he will face jail time. We handle Riverside cases. Call us for a free consultation. www.taubcriminaldefense.com
The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.
Depends on the court where all of this occurred. He has, I believe, one mre shot at prop 36 completiona and theoretically could get that for the new offense. Best answer though is from his attorney
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
You are permitted to have 3 attempts at Prop. 36. However the court may determine that you are unsuitable to participate in Prop. 36. If you pick up a case that is not drug related you are no longer entitled to participate in Prop 36.