Proposition 36 (Commonly known as Prop 36) allows for defendants who have been accused of certain drug crimes to avoid criminal prosecution if those defendants agree to complete a Prop 36 approved drug treatment program.
How Prop 36 works:
1. The defendant is charged with a qualifying drug crime (qualifying drug crimes listed below).
2. The defendant agrees to complete a prop 36 approved drug treatment program in exchange for a promise from the judge that if the defendant completes the program that the judge will dismiss the defendant's case.
3. The defendant must also complete the "probationary period" which mean that the defendant must not be convicted of any new offense while he or she is on prop 36 probation.
Qualifying drug offenses include non-violent drug crimes such as possession of cocaine, marijuana, LSD, heroin, meth, and PCP. Other offenses include:
H&S 11350(a) Possession of designated controlled substance; H&S 11350(b) Possession of depressants; H&S 11352(a)Transportation of controlled substance; H&S 11357(a) Possession of concentrated cannabis; H&S 11358 Cultivating, Harvesting, or processing marijuana; H&S 11360(a) Transportation of marijuana for personal use; H&S 11363 Planting, harvesting, or processing peyote; H&S 11377 Possession of designated controlled substance; H&S 11379 Transportation o controlled substance; H&S 11390 Cultivating spores or mycelium; H&S 11391 Transportation of spores or mycelium; Bus&PC 4324(b) Possession of drugs by forged prescription
Prop 36 law specifically excludes many defendants from being capable of taking advantage of the Prop 36 program . The excluded persons include defendant who have been convicted of serious or violent felonies unless certain exceptions apply.
It is sometimes possible for a defendant to be a repeat drug offender, or a repeat prop 36 defendant, and yet still be allowed to take advantage of a new Prop 36 agreement.
It is also possible that if the defendant has violated the terms of his or her prop 36 probation that he or she might be reinstated (as opposed to the defendant's prop 36 probation being revoked).
For more information on Prop 36 and criminal defense call criminal defense attorney Christopher Dorado today for a free consultation. 909.913.3138