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Is there some law that will stop a defended being sentenced…

Is there some law that...
Is there some law that will stop a defended being sentenced to prison time if under 27 and has drug charges
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Answered in 1 minute by:
11/8/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,484
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Maybe, maybe not. California has Proposition 36 and Proposition 1000, either of which gives drug offenders a help-oriented program designed not only to keep them out of prison but to allow them to come out of their sentence without a criminal conviction if they successfully complete the prgram.

Additionally, straight probation may be available. The answer to your question depends upon the defendant's personal and criminal history and the facts and circumstances of his case. Prisons are overcrowded and the law favors giving non-violent criminal defendants a non-incarceratory sentence if they are eligible for it.

So, yes, there are laws which allow drug defendants to remain at liberty and complete a non-jail sentence.

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Customer reply replied 6 months ago
Thank you and please let me clarify my question I worries and concerns are if my daughter who is only 26 can be sent to prison rather that county time for 2 charges of VC10851(a) felonies on 2 different cases and a case for drug charger for 2015

VC 10851(a) is a theft offense and not a drug charge. Probation would be possible.

Prison is always possible because it's allowed for under the statute that defines the crime. But with non-violent charges such as these, it's frequently avoidable, depending, as I have indicated, on the facts and circumstances of the case and whether the defendant has previous convictions. i don't have enough information about her cases and the circumstances to say how likely a jail or prison sentence would be. What I do know is that probation is not an inappropriate sentence for non-violent felony offenders in most cases.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,484
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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