Criminal Lawyer Defending Clients involved in drugs / narcotics in Los Angeles, Orange County, & Ventura, California

Los Angeles Lawyer Defending Clients Involved in 
Drugs / Narcotics
In Los Angeles,
Orange County,

& Ventura Counties,
California

   DRUG DIVERSION

Diversion requires the accused to enter a plea of guilty to the charge, but the accused is NOT sentenced (the case is not final until the defendant is sentenced). The accused must then go through the diversion program, which is a series of classes. Drug testing is done randomly and a "dirty" or positive test can create new legal problems. Should the defendant violate the terms of the diversion, the court may go ahead and sentence the defendant as the defendant has already entered a plea and can be sentenced on that plea. Diversion is for first time offenders. And successful completion of the program will mean there will be no conviction on your record!

2049 Century Park East, Suite 2670

Los Angeles, CA 90067

Tel. (800) 409-7010

 

Results Not Guaranteed

Prop 36

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 program provided:

  • 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?
               
False Evidence?
               
Lying Witnesses?
               
Over Charging?

               

THEN CALL

1-800-409-7010

REASONABLE FEES!!

Don't Mess Around When
     Your Freedom Is At Stake.

You Cannot Afford Second
     Best Representation.

You Need Skilled
     Attorneys Practicing
     Aggressive & Creative 
     Strategies Generating
     The Best Results For You.

Don't Rely On A Single
     Attorney With A Heavy
     Case Load - Get A Full
     Defense Team.

With A Defense Team
     Every Case Is Thoroughly
     Prepared For Trial,  Rather
     Than Accepting The First
     Plea Bargain Offered.

This Defense Team Has
     Over 30 Years of  Criminal
     Defense Experience.

No Attorney On This
     Defense Team Has Ever
     Been A Prosecutor -
     Always A Defender.

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
     Property Competition.

The Nation's Top Criminal
     Defense Attorneys
     attended Loyola Law
     School (i.e. Robert
     Shapiro, Johnnie Cochran,
     Mark Geragos, etc.).

 

 

 

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