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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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This happpened in the state of california are you famliar

Customer Question

this happpened in the state of california are you famliar with the drug laws in california? i know that possession of meth is not always charged as a felony as it was in previous years . I am more concerned about the dmt possession it is a schedule 1 and
are the penalties more severe.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
I do understand, which is why if you are a first time user and it was solely for personal use, there are options. First time drug offenders with no criminal history may be eligible for consideration under Penal Code Section 1000 (also known as “PC 1000”). This law permits first time drug offenders who possess drugs for personal use (possession for sales are not eligible) to attend a Drug diversion program. It allows the accused to attend a 4 month drug program, to avoid going to jail, and upon successful completion of the program to get the case DISMISSED if they remain free of any new arrests or convictions for a period of 18 months. This is an ideal way for the first time offender to keep his/her record clean. Under Prop 36, offenders with more then one drug possession conviction are allowed to attend a more vigorous program under Penal Code Section 1210 with the result that the person accused avoids jail and gets the matter DISMISSED. However, as opposed to Penal Code Section 1000 discussed above there are many more concerns with regard to eligibility of the Defendant for this program. You should consult our office immediately to see if you are eligible for this program. Prop. 36 is usually at least 1-year long and often times much longer with a very intense curriculum and frequent court appearances. The Court retains jurisdiction over the accused to monitor the Defendant’s progress. Generally, upon successful completion of Prop 36 and 3-years without criminal problems the Court will DISMISS the case.Penal Code 1210.1 states: (a) Notwithstanding any other provision of law, and except as provided in subdivision (b), any person convicted of a nonviolent drug possession offense shall receive probation. As a condition of probation the court shall require participation in and completion of an appropriate drug treatment program. The court shall impose appropriate drug testing as a condition of probation. The court may also impose, as a condition of probation, participation in vocational training, family counseling, literacy training and/or community service. Probation shall be imposed by suspending the imposition of sentence. No person shall be denied the opportunity to benefit from the provisions of the Substance Abuse and Crime Prevention Act of 2000 based solely upon evidence of a co-occurring psychiatric or developmental disorder. To the greatest extent possible, any person who is convicted of, and placed on probation pursuant to this section for a nonviolent drug possession offense shall be monitored by the court through the use of a dedicated court calendar and the incorporation of a collaborative court model of oversight that includes close collaboration with treatment providers and probation, drug testing commensurate with treatment needs, and supervision of progress through review hearings. In addition to any fine assessed under other provisions of law, the trial judge may require any person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of his or her own placement in a drug treatment program.(b) Subdivision (a) shall not apply to any of the following: (1) Any defendant who previously has been convicted of one or more violent or serious felonies as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, respectively, unless the nonviolent drug possession offense occurred after a period of five years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction other than a nonviolent drug possession offense, or a misdemeanor conviction involving physical injury or the threat of physical injury to another person. (2) Any defendant who, in addition to one or more nonviolent drug possession offenses, has been convicted in the same proceeding of a misdemeanor not related to the use of drugs or any felony. (3) Any defendant who, while armed with a deadly weapon, with the intent to use the same as a deadly weapon, unlawfully possesses or is under the influence of any controlled substance identified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code. (4) Any defendant who refuses drug treatment as a condition of probation. (5) Any defendant who has two separate convictions for nonviolent drug possession offenses, has participated in two separate courses of drug treatment pursuant to subdivision (a), and is found by the court, by clear and convincing evidence, to be unamenable to any and all forms of available drug treatment, as defined in subdivision (b) of Section 1210. Notwithstanding any other provision of law, the trial court shall sentence that defendant to 30 days in jail.
Customer: replied 1 year ago.
i made a bad turn in front of the officer thats what got his attention i was in the process of getting my recently aquired car registered in my name but had not completed this task due to my mother falling seriously ill and hospitaized the night before however i had all required documents ready to go to dmv in my glove box i explained all this to the officer he didnt seem too worried about that issue because after briefly looking at the papers he gave them back to me and i placed the in the passengers seat . i was trying to explain how i got lost and that is why i made the wrong turn eventually he asked me to get out of my car sit on the curb continued to ask me many random questions then he asked me if he could search my car i said no theres no reason for you to search my car im not drunk. i told them that i had overnight bags that had private intimate items in themthat i was taking to my bf's house later and i did not think it necessary for them to look at my personal items. They tried to convince me it was no big deal and that we were all adults and they seen it all before ...i just said that it didnt matter i didnt wish for them to look at my personal things. While i was seated on the curb both officers one male and one female walked around my car looking through the windows to see if they could find something suspicious after they moth did that several times and asking me random questions they were standing behind me discussing which route they would take in order to search my car since i had told them that they could not.I was very nervous and trying to draw attention away from searching my car and to a more and explainable reason to blame this entire ordeal on i said to the officer something in regards ***** ***** of ownership and everything was in the passenger seat and since i knew he could no longer get them himself that i would get them for him since i had told them they could not search my car this irritated him then they proceeded to have me do sobriety tests i was nervous and my legs felt shakey but i had thought i past the test but then they handcuffed me and put me in the back of the police car and then proceeded to search my car as they wished i had starting with my purse in the passengers seat im wondering if this search was lawful being that they only arrested me for dui so that they could search my vehicle
Expert:  LegalKnowledge replied 1 year ago.
Are you still with me?

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