2049 Century Park East, Suite 2670
Fortunately, the recent passage of California's Proposition 215 - which
legalized medical marijuana and Proposition 36 - a ballot initiative that sends drug offenders
to treatment programs instead of prison - has great potential for treating
abusers of drugs rather than simply sending them to jail. Prop. 36 is not
available for Individuals accused of sale or manufacture of drugs, or charged
with a violent offense or if there was a prior conviction for a violent crime,
with possible exception of some domestic violence cases. This creates a great
motivation to fight a case and reduce it from a mandatory sentence under
possession for sale, to Proposition 36 sentencing, which consists of probation
and drug treatment, and Proposition 36 specifically states that a defendant
shall not be required to spend time in jail as a condition of probation. It also
authorizes dismissal of charges when treatment is completed. In fact, anyone
convicted of a non-violent Drug possession offense may be eligible for this
they did not use a firearm during the crime,
they were not convicted of another crime in the same case, and
they did not have prior convictions within the last 5 years.
Under "Prop 36", drug offenders will receive probation with the stipulation
that they participate in a substance abuse program for a period of one year and
agree to follow up care.
Proposition 36 provides for the right of a person convicted of a nonviolent
drug offense to receive probation and drug treatment. Any defendant previously
"convicted" of one or more serious felonies is excluded (such as robbery, the
offenses are listed under Sections 667.5 or 1192.7 of the Penal Code). However,
if the person has a "Sustained Juvenile Petition" (which is similar to an adult
"conviction'), Welfare and Institutions Code Section 203 states that "an order
adjudging a minor to be a ward of the juvenile court shall not be deemed a
conviction of a crime . . . nor shall a proceeding in the juvenile court be
deemed a criminal proceeding." Since, Prop. 36 expressly requires a defendant be
"convicted" of a serious felony to be excluded, and the Welfare and Institutions
Code explicitly prohibits a juvenile court disposition from being deemed a
conviction; then a person with a prior juvenile record may qualify for
Proposition 36. However, a recent Appellate Court decision eliminates Prop. 36
for individuals convicted of DUI in the same proceeding!
Need a DISMISSAL negotiated?
Need to FIGHT:
an Illegal Arrest?
an Illegal Search?
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This Defense Team Has
Over 30 Years of Criminal
No Attorney On This
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Michael Cernyar Earned
a 4.0 GPA at Purdue
University In Engineering.
Ranked #1 at Loyola Law
School in Legal Research.
Ranked #1 at Loyola Law
School in Intellectual
The Nation's Top Criminal
attended Loyola Law
School (i.e. Robert
Shapiro, Johnnie Cochran,
Mark Geragos, etc.).