Herion Posession but my son is in rehab now

[stacygeorgia]

What is the name of your state (only U.S. law)? ca

My son (age 20) was arrested for suspended drivers license and heroin posession a few months ago. Its a felony. He put himself in a 90 residental drug treatment program. His court date is next month. Does anyone know if there is a chance that it can go from a felony to a misdemenor with him passing the drug program. Tests clean everytime, etc. He wants to go in the military but I dont think he can if he has a felony.

 

[CdwJava]

What is the name of your state (only U.S. law)? ca

My son (age 20) was arrested for suspended drivers license and heroin posession a few months ago. Its a felony. He put himself in a 90 residental drug treatment program. His court date is next month. Does anyone know if there is a chance that it can go from a felony to a misdemenor with him passing the drug program. Tests clean everytime, etc. He wants to go in the military but I dont think he can if he has a felony.

His chances to be in the military are slim, and are - at best - a long way off.

His attorney can seek a plea deal that will allow him to enter treatment pursuant to Prop 36 (PC 1000) while on probation. Successful completion of the program (about 18 months or more, I believe) can result in his case being re-opened and the charges dismissed.

 

[stacygeorgia]

He does not have an attorney but will be using a public defender. He is in a 90 residental program and will have a chapperone take him to the court date from the facility he is in right now. Yes I heard about prop. 36. So the judge might order him to do a longer program? The one he is in now is just 90 days but he lives there.

 

[stacygeorgia]

What happens if a case is dismissed

Just curious and this is way down the road, but if for some reason the judge is happy that my son is in a residental program and a case is dismissed, does that mean there will be no fines?

 

[Banned_Princess]

Just curious and this is way down the road, but if for some reason the judge is happy that my son is in a residental program and a case is dismissed, does that mean there will be no fines?

yes. if it is completely and fully dismissed, there will be no fines.

 

[stacygeorgia]

Thank you. I was just concerned because if he has alot of fine and is in a residental program he won't be able to work and there is no way for him to pay the fine.

 

[CdwJava]

He will have to pay costs associated with the program, but if the case is later dismissed, the incident will appear as an arrest only and not as a conviction.

And, yes, he will have to attend a program approved by the court and it will be much longer than 90 days.

 

[stacygeorgia]

Ok, so if it ends up being just an arrest not as a "conviction" does that mean that he won't have a "felony" on his record. This is all to early to tell but im just curious. Also, the area I live in has two residental drug programs that have a few spaces funded by the state. He was on a waiting list for about 6 weeks, and the program is about 3 grand a month, but it is state funded. I have a severely disabled son (his brother) and i'm not able to really work.