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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23174
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello , I got caught with 3 vicodin in Alturas CA. . What is

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Hello , I got caught with 3 vicodin in Alturas CA. . What is the sentance ? Fine , jailtime ? Will you send the answer to this page please . I lost my Gmail password
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

According to Health and Safety Code Section 11350 Possession of vicodin in California is a felony. The state would be required to prove beyond a reasonable doubt that you knowingly and intentionally possessed it (or had it in your custody and control) without a valid prescription. Upon conviction, a defendant would face up to 3 years of state prison. However, there are non-incarceratory plea possibilities for a first offense, and most first time defendants would be eligible for Proposition 36 or PC 1000 drug diversion. Either would allow for you to come out of this without a criminal record.
Customer: replied 6 years ago.
Thanks for the answer . It's my first offense , and I had three . What do you think the sentance will be . The officer said it was a misdomenor .
Expert:  Zoey_ JD replied 6 years ago.

Whether misdemeanor or felony, the first arrest for a possessory drug arrest usually results in a treatment-oriented dispostion. I would suspect that a diversion program would be the likely offer here: drug counseling/fines/community service/brief period of probation. At the end of it, if you do all you're supposed to, the charges are dismissed and you won't carry around a criminal record.
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