What is Proposition 36?
The Substance Abuse and Crime Prevention Act, also known as Proposition 36,went into effect on November 7, 2000. Proposition 36 allows individuals convicted of drug offenses to complete a drug treatment program in lieu of custody. However, individuals who have been convicted of selling or manufacturing drugs are not eligible. In addition, Offenders individuals who have a prior conviction for a serious or violent felony (a “strike”) are also ineligible.
Am I eligible for Proposition 36?
It is important to speak with an attorney who is experienced in defending against drug charges and negotiating down so that he/she may participate in a drug diversion program. In determining whether a person be eligible for Proposition 36, the prosecutor will consider, the prior criminal history of the defendant, the amount of drugs, whether they have scales or baggies, the location of the seizure, the amount of cash on the defendant and whether the person was carrying or had immediate access to any weapons or firearms.
What happens if I do Proposition 36?
If the attorney is successful in convincing the prosecutor to allow the individual to complete Proposition 36, the judge will place that person on probation and order the completion of a drug treatment program lasting up to one year. The individual will then be screened or assessed to determine which drug treatment program is appropriate. The judge typically orders regular check-ins with a probation officer or court appearances, a requirement to pay a share of treatment costs, drug testing and other restrictions on the individual’s home or activities.
The individual on Proposition 36 cannot test positive or diluted 3 times or he/she will be kicked out of the program and ordered to serve jail time. Upon completion of the treatment program, the offender may petition the court to dismiss the drug charges. If the court finds that the person successfully complied with the terms of probation conditions and completed the treatment program, charges may be dismissed, and the defendant will not have to disclose the fact that he or she was arrested, except in certain specified circumstances.
Why Hire the Mortlock Law Group?
If you have been charged with a drug crime and are interested in participating in a drug program, you should contact a San Diego drug lawyer as soon as possible. Failure to contact a San Diego drug attorney at the outset of your case could prejudice your ability to participate in Proposition 36. The North County San Diego drug attorneys of the Mortlock Law Group are experienced in drug cases and have successfully convinced prosecutors to allow our clients to complete Proposition 36. If you have been charged with a drug crime and wonder if you might be eligible for Proposition 36 or other diversion programs, please contact the Mortlock Law Group for a free consultation.