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Joseph
Joseph, Lawyer
Category: Legal
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I just got a ticket for possesion of xanax without a prescription

Resolved Question:

I just got a ticket for possesion of xanax without a prescription in another city. Is it possible to change courts and court date? I'm from San Diego and got the ticket it Santa Barbara. First offense with a clean record. Got me down for a misdemeanor. What should I do?
Submitted: 9 months ago.
Category: Legal
Expert:  Joseph replied 9 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I assume that you were charged with California Business and Professions Code Section 4040, possession of a controlled substance without a prescription.

Unfortunately, you cannot change where the case is head, as the county where the offense occurred is the only one that has jurisdiction to hear the case.

You also need be present or have an attorney appear on your behalf for your arraignment hearing. I would suggest that you be present.

You can and should apply for a public defender if you qualify. Regardless, you will qualify for a penal code 1000 pre-trail diversion program. As long as you complete it (which is not too hard to do), your conviction will be vacated and eliminated from your record.

The prosecutor may even offer this at arraignment, so it may not be necessary for you to get a public defender or hire an attorney at all. But this is definitely what you want, since it's relatively easy to complete and will give you a clear record again.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service preferably) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Expert:  Joseph replied 9 months ago.
You can read more about the program here.

You plead guilty but your sentencing is deferred.

You take classes for 18 months (hammering home the message that illegal drugs are bad for you and are going to land you in jail or prison if you don't stop taking them).

Then you return after 18 months, having completed the program, demonstrating to the court completion of the PC 1000 program and the charge is dismissed from your record.

The program is easy because it doesn't require you to be under formal probation or drop UAs, like the proposition 36 program does, which is for habitual (more than one time offenders).


Joseph, Lawyer
Category: Legal
Satisfied Customers: 4996
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 6 other Legal Specialists are ready to help you
Expert:  Joseph replied 9 months ago.
Hello Johnny,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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