Previous arrest PC 470 and is on felony probation. Been arrested in the past for Drug related charges for sales sentenced did jail and prison time was on parole and discharged.
Assuming no prior convictions for serious felonies, and he hasn't done P36 three times before, then yes he probably is eligible.
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I agree with my colleague. The only thing I would add that might make him ineligible for P36 is if there are any non-drug related charges alleged in addition to the 11377. Sometimes the DAs will throw on small extra charges (e.g., driving without a license, public intoxication, trespassing, etc.) so the person becomes ineligible for P36. Your friend definitely needs an attorney with experience in negotiating these types of cases.
Just to add to what the others have said, consult with about 3-4 local attorneys. Explain the details and hire the one you feel most comfortable with.
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I agree with my colleagues on new case.
What is not discussed is that your friend is likely facing prison time for the felony probation case.
Also, HS 11377 is 16 mo. minimum, 3 year max. Since sales prison prior and probation violator, if he doesn't get Prop 36, likely facing prison here.
This is a serious case. He needs an attorney who knows Alameda PD. Is probation in Alameda, too?
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