Grass Valley And Nevada County Drug Defense Attorney
Will I Go To Jail Or State Prison If I Am Convicted?
In some cases, the answer is no. The voters of the state of California declared that rehabilitation is preferred to incarceration. If you have been charged with a nonviolent drug-related offense, there are several alternatives to incarceration. A criminal defense attorney who is familiar with drug cases can properly evaluate the specifics of your case and your background to determine if you qualify for a drug program. If you have been accused of a drug offense contact an experienced attorney immediately. Jacob D. Zamora, president and managing attorney with the Sierra Law Center, APC, has handled numerous drug-related offenses, including offenses related to methamphetamine, cocaine and marijuana.
Deferred entry of judgment is outlined in California Penal Code Section 1000. If you meet certain requirements, you may be eligible. Generally, to be eligible for deferred entry of judgment, you can have no conviction for any offense involving controlled substances prior to the alleged commission of the charged offense. The offense can not have involved violence or threatened violence. Your criminal history can not show that probation or parole has ever been revoked without thereafter being completed. Your criminal history also can not show that you have previously successfully completed or been terminated from diversion or deferred entry of judgment pursuant to this chapter within five years prior to the alleged commission of the charged offense. Also you can have no prior felony conviction within five years prior to the alleged commission of the charged offense. Upon successful completion of the deferred entry of judgment program, you case will be dismissed. The code provides that, upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. You may indicate in response to any question concerning his or her prior criminal record that you were not arrested or granted deferred entry of judgment for the offense. There is an exception to the disclosure requirement. An experienced criminal defense attorney familiar with drug offenses and the alternate sentencing that is available can assure that you receive all the benefits that the law provides. If you have been accused of a drug offense, contact the Sierra Law Center, APC, immediately for a free consultation and honest evaluation of your criminal case. The Sierra Law Center, APC, serves Grass Valley, Nevada County and surrounding communities.
Proposition 36, often referred to as “prop 36,” is governed by California Penal Code Section 1210.1. The code generally provides that notwithstanding any other provision of law any person convicted of a nonviolent drug possession offense shall receive probation. In addition, as a condition of probation, the court shall require participation in and completion of an appropriate drug treatment program. Also, a court may not impose incarceration as an additional condition of probation. Grass Valley attorney Jacob D. Zamora, managing attorney with the Sierra Law Center, APC, is glad to answer any questions you may have regarding how Proposition 36 applies to your criminal case.
Drug Courts is an alternative type of sentencing where the county court supervises individuals charged with nonviolent drug related offenses. The drug court is designed to provide treatment to drug offenders in place of jail or prison. The county probation office is often involved in the supervision of the individuals assigned to a drug court program. While participating in the Drug Court program, individuals will attend a treatment program based on the individual’s need. As part of the Drug Court program the offender will also have to attend review hearings, they will often times be required to submit to random drug testing to monitor their progress and they will have to participate in other services as required by the program. Once a person completes the program charges are dismissed and no conviction is suffered. Information about Nevada County’s Drug Court can be found at http://www.nevadacountydrugcourt.com.
A non-violent drug possession offense is generally referred to as any drug offense when the possession, use or transportation is for personal use. Being under the influence of a controlled substance is also considered a nonviolent drug related offense. There are a number of drug offenses that are classified as nonviolent for purposes of alternative sentencing. On the other hand, there are certain drug offenses that can be classified as either nonviolent or classified as other than non-violent. If the offense is classified as other than nonviolent you can be precluded from participation in alternate sentencing. An experienced criminal defense attorney can tell if you are eligible for alternative sentencing. More importantly, an experienced criminal defense attorney may be able to convince the prosecuting agency that possession of the drug was for personal use, therefore, classifying the offense nonviolent.
Contact The Sierra Law Center, APC
Grass Valley attorney Jacob Zamora, has dealt with both nonviolent and other drug-related offenses. Contact the Sierra Law Center, APC, and speak to Jacob D. Zamora, president and managing attorney, to find out about your right to alternative drug sentencing and treatment. Call 530-798-3548 or fill out the online contact form.