How long can I string out going to trial on a misdemeanor charge

[hplcdoctor]

What is the name of your state? California

How long and by what means can I delay a trial date?

Charged with 11550, under the influence of a controlled substance.
Test came back positive. My Attorney has delayed trial due to my lack of funds. Court now wants a trial date set. D.A. wants to give me 90 days as I've already declined Prop. 36. I will appear in court next week for the first time to fire my Attorney and request that I represent myself. Hoping this will buy me time. If incarcerated for this misdemeanor at this time, it will destroy a current and invaluable job, along with my finances, reputation and other aspects regarding my family.

How long and by what means can I rightfully delay my trial date being set?What is the name of your state?

 

[racer72]

Is there ever going to be a good time to spend some time in jail? Think of your problem like it's a toothache. It starts out with a little twinge. Then the pain starts and it lasts longer. Pretty soon you finally have to go to the dentist and because you waited, you need more work done and it costs a lot more. Your problem is the same, the longer you wait the bigger the problem is going to become.

 

[CdwJava]

You turned down Prop 36 which would mean NO jail time and a dismissal of the charges?!?! Isn't that what you wanted? Now, you risk jail time, fines, and a couple of years of probation ta boot!

The court is not likely to allow you to play tricks and to delay the case for too long.

What's going to happen when you realize that mounting your own defense is going to be impossible? The court is not likely to give you yet another delay so you can get a public defender.

But, it's your future ... do with it what you will.

- Carl

 

[hplcdoctor]

Toothache or Root Canal w/o insurance

My case rests in a County where I do not reside. According to my attorney, I would have had to serve my Prop. 36 time in the County of arrest. If true, not only would I have lost my job, but would be broke throughout and upon release. Hence, my children would suffer, my place of residence lost and my chances for finding work in my field afterwards essentially non-existent.
Sure, the costs will be substantially more, but by delaying the trial, even after the additional costs, I should be able to save enough to carry me through the sentence and establish other options for employment down the line.
Also, with Prop. 36, my chances of getting my priors expunged nil.
I've been clean for 3 years since my last incident and as fate has it, was caught on a relapse. For the 3 years of sobriety I held steady work, volunteered as a counselor (3 months, full time) in a rehabilitation center with hopes of re-directing young adults who don't realize the path of destruction involved with addiction (I am older, educated and do care about others.... sometimes more than I do about myself).
My attorney seems to have done very little in presenting my circumstances to the DA nor has he communicated with me to any significant level his attempts to bargain with the DA any option that would allow me to enter a program (PC1000) that would allow me to retain employment. My attorney will be replaced, my finances will suffer, my children will suffer, and that toothache will fester. But the pain will be bared and while awaiting the inevitable I will save for insurance and in the end, will be ahead financially whatever miniscule amount that may be, yet still ahead. God willing.

With exception to this charge, I am a responsible and law abiding individual. Not a thief, rapist, molester or murderer. I hold good jobs and often give back to the community. Sure, I slipped. I just don't want to get kicked back down. This really hurts you know.

I'll have a de-caf

All things are lawful unto me, but all things are not expedient: all things are lawful for me, but I will not be brought under the power of any. 1 Corinthians 6:12

While they promise them liberty, they themselves are the servants of corruption: for of whom a man is overcome, of the same is he brought in bondage. 2 Peter 2:19

 

[CdwJava]

My case rests in a County where I do not reside. According to my attorney, I would have had to serve my Prop. 36 time in the County of arrest.

Very odd as all counties have these programs. I suspect that it would have been possible to obtain the required services in your home county - provided the plan had the approval of your county of conviction. We see this all the time.

But, it's your call.

Also, with Prop. 36, my chances of getting my priors expunged nil.

How's that? Since completion effectively dismisses the charge?

I've been clean for 3 years since my last incident and as fate has it, was caught on a relapse. For the 3 years of sobriety I held steady work, volunteered as a counselor (3 months, full time) in a rehabilitation center with hopes of re-directing young adults who don't realize the path of destruction involved with addiction (I am older, educated and do care about others.... sometimes more than I do about myself).

That's good. Then you should look on counseling as an opportunity. Right now you're gambling on a Hail Mary ploy to buy you time, but might actually result in a drug related conviction, annual registration as a drug offender for 10 years, and a criminal record.

I'll have a de-caf

No point in de-caf.

- Carl

 

[>Charlotte<]

Would it be at all possible to ask the D.A. to allow you to change your mind about accepting Prop. 36, or is it a formal offer that, once refused, is off the table?

Random coffee fact: Caffeine is a leachate, so espresso actually has less caffeine than regular coffee because the water makes contact with the coffee for a lesser amount of time. Mine's a mocha, too, but you can keep the croissant.

 

[CdwJava]

Would it be at all possible to ask the D.A. to allow you to change your mind about accepting Prop. 36, or is it a formal offer that, once refused, is off the table?

Random coffee fact: Caffeine is a leachate, so espresso actually has less caffeine than regular coffee because the water makes contact with the coffee for a lesser amount of time. Mine's a mocha, too, but you can keep the croissant.

I suspect the DA would be willing to put it back on the table. Personally, I hate Prop. 36 as it effectively gives dopers a couple free passes at the apple and the recidivism rate is pretty high, but if someone wants to take a full hit for his drug use, that's his choice.

Glad to hear about my mochas! I'll have to tell my wife that it's healthier for me than coffee! Well, except for all the dairy ...

- Carl

 

[hplcdoctor]

Your heart's not as hardened as first thought

RE: Very odd as all counties have these programs. I suspect that it would have been possible to obtain the required services in your home county - provided the plan had the approval of your county of conviction. We see this all the time.

As I said, my attorney's conveyance to me. I would have thought the same as what you've stated.

RE: How's that? Since completion effectively dismisses the charge?

Charge are dismissed,... but not off the books.
According to track record, the judge overseeing the earlier charges probably won't be that accommodating in dismissing my priors.


RE: That's good. Then you should look on counseling as an opportunity. Right now you're gambling on a Hail Mary ploy to buy you time, but might actually result in a drug related conviction, annual registration as a drug offender for 10 years, and a criminal record.

Hail Mary ploy? Not at all. Don't misunderstand my original question as a ploy. It's a legitimate concern allowing me to prepare for what may occur. As far as a D.R. conviction; My Lord, it's a misdemeanor under the influence charge. Are you telling me the laws have that as an offense requiring registration as a drug offender?

RE: No point in de-caf.

You're right ! I'll have a double espresso instead.

GO GIANTS (4th quarter)

 

[hplcdoctor]

Re: prior post

QUOTE: "I hate Prop. 36 as it effectively gives dopers a couple free passes at the apple and the recidivism rate is pretty high"

You clearly are uneducated in addiction.
Don't take that as criticism. Most M.D.'s are too.

 

[>Charlotte<]

QUOTE: "I hate Prop. 36 as it effectively gives dopers a couple free passes at the apple and the recidivism rate is pretty high"

You clearly are uneducated in addiction.
Don't take that as criticism. Most M.D.'s are too.

I'm sure Carl deals with the problems of addiction on a daily basis. Up close and personal. Aside from having a family member that was an alcoholic, I can't say I'm all that educated about addiction myself, but I do buy into the conventional wisdom that people in the worst throes of it will do just about anything to maintain their denial and continue with their self-destruction. With Prop. 36, if recidivism is high I think that clearly indicates that in many cases it is nothing more than a free pass. If you disagree with that, I would like to hear your reasoning.

That's not to say there aren't some for whom it is a wake-up call and sets them on the path to salvation. I hope you're one of those. Especially if you have children. I hate to speak for others, but I don't think Carl would disagree that Prop. 36 is a successful option for at least some people.

 

[hplcdoctor]

Re: Free Pass

The problem lies within addiction itself, not in the programs designed to help. The rate of recidivism is high in any and all programs. Addiction still perplexes me who has studied it, lived it, dealt the consequences of. Current medical concensus lists addiction as a disease. Hard to fathom that someone who "chooses" to do drugs is labeled as someone with a disease. But within that statement lies the crux of the bisquit... the word "chooses". Without getting into the physical and psychological aspects of addiction let me just say that "chooses" is not always the case. It goes beyond what one chooses to do for many. The brain chemistry is altered and getting high is as essential as drinking is to thirst, as eating is to hunger as sex is to uhhh...sex. . I don't expect you to understand this, I struggle myself, but the reality overcomes the intelligence.
I'd love to tell you more at this time, but the Giants just won the SuperBowl and I'm celebrating. Not in the drug-kinda way b.t.w.

 

[>Charlotte<]

No, I guess I really don't understand. But I don't think any of that refutes the contention that many addicts who take advantage of Prop. 36 are more concerned with avoiding jail than seeking treatment.

At any rate, I hope you stay sober and everything works out for you. Good luck.

 

[CdwJava]

QUOTE: "I hate Prop. 36 as it effectively gives dopers a couple free passes at the apple and the recidivism rate is pretty high"

You clearly are uneducated in addiction.
Don't take that as criticism. Most M.D.'s are too.

Hardly so ... I won't go into my credentials, but I dare say I have more experience with addiction than most.

The first rule being that you cannot FORCE someone into sobriety ... Prop 36 offers an alternative to incarceration by allowing someone to accept treatment without consequences. Nice, in theory, until you realize that it's a Pavlovian trick ... let's see, I can go to jail or attend counseling ... gee, I wonder where most people go???

I know the games people play on Prop 36, and I know that very few succeed because of it. When they do succeed it is because they have made a choice to change and have accepted that they are unable to control their addiction.

Prop 36 is a false hope passed by a compassionate public that were snookered into believing it was something that it was not. ... Much like medical marijuana


For those that accept the treatment and get help, great! But, by and large, it has not been all that successful. It's predecessor - Drug Court - had a higher success rate, but it also held participants accountable for their failures (well, it COULD, if run properly.

- Carl

 

[garrula lingua]

Unless you've already used your one DEJ opportunity, it's available.
Some courts will waive a portion of the probation fees. There's a lot less court appearances for PC1000 than for Prop 36.

Courts can't/won't transfer their cases from county to county (gads, if everyone wanted their criminal files transferred to a more convenient location for them, it would be a nightmare).
Think budget problems - counties all have limited court budgets & don't want to be swamped with another county's cases.

If you are accepted into Prop 36, your file is transferred into your county's (where the offense occurred) 'drug court'. They will supervise you & it is their program.
The program can differ from county-to-county.

90 days is the mandatory minimum jail time.
If you push this to trial, you can get up to six month's jail.

The Prosecutor may be offering 90 days now, but can withdraw that plea offer, meaning you will have to plead open to the court or go to trial - possibly bad options.

If you're working in the field of counseling, this probably won't impact your employment long-range. Most users reoffend.
If you are counseling, you know the charges won't disappear - you're better off taking care of this ASAP - any minor offense you commit can be the source of a violation.
Brace up - do the program & grit your teeth and stay squeaky clean.

PS - The opportunity to use Prop 36 and DEJ (if available at all) aren't withdrawn unless the person is deemed 'qualified but unsuitable' (usually makes a statement that they intend to reoffend or really bad track record).

Good luck.
PS: Both programs stink IMHO. Those people who would have cleaned themselves up without a gov program, do. Others just play the game. The only ones who really gain are the drug provider programs who charge very high fees.

 

[hplcdoctor]

In closure

Gentlemen,
Since we last posted on Super Sunday, I just wanted to update you and set the record straight as far as what we've discussed.
Prop. 36 was put back on the table by the D.A. in Ventura County.
Rather than drag it out risking more than I was willing to gamble for, I accepted the Prop. 36 offer.
My attorney requested transfer of the Prop. 36 program to the county in which I reside.
This is frequently requested of and accepted by the courts on a regular basis. So much for G.Lingua's response.
I appreciate all of your input and time on this matter.
BTW. Some of the finest people I've met in life have been "dopers". Good people with a bad problem. Don't label all addicts the same. The disease is as varied as the individual. You all made good points regarding many who are just playing the game, or those who are working the system. I mentioned before for some, and in my case at one point in life, that addiction is not a choice. This is contrary to logical thinking. If you REALLY want to stop, you can. So untrue when the addict is in the deepest darkness of addiction. When no light occupies the soul, only the darkness of next hit. It now is not a choice, but a chemical choice... a brain chemical choice. Like a brainwashed suicide bomber only seeing the glory of death. Now you ask, how is that person saved. How can light be brought back into the deep recesses of their addictive desires. Incarceration? A major medical trauma? Death? God? Yes, all of the above. Light and dark cannot occupy the same space. Once pulled from the darkness, the addict once again has that capability of choice. Unfortunately the addict soon goes back to the darkness by making the bad choice of forgetting what hell was like, only remembering the good of the high, thinking he can control it this time. More times than not, it takes a few rounds of light/dark/light/dark before it is finally realized that he is "powerless" over the substance(s) and making the decision to never return. Solidifying the decision by substituting the high with 12 step meetings, the bible, God. For I truly believe only God, if sought, can save a great percentage of the hardcore addict population. Satan takes care of the rest, ensuring misery, unmended relationships, povery, sickness and death.

Carl, I pray that your heart is softened for I see you have had many experiences with addicts not yet ready to change. There are many who truly desire, but are "incapable".
The next time you cross paths with a doper, please remember this passage:

Matthew 22:
"Teacher, which is the great commandment in the law?
37 And he said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind.
38 This is the great and first commandment.
39 And a second like [unto it] is this,
Thou shalt love thy neighbor as thyself.

In God I Trust
Paul