Preliminary hearing re drug charges

[GEMZ5150]

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

MY QUESTION IS IF NONE OF THE ARRESTING OFFICERS SHOWED UP AT THE PRELIMINARY HEARING SHOULD MY PUBLIC DEFENDER HAVE REQUESTED A DISMISSAL AND IF SO AND CAUSE SHE DIDNT WHAT CAN I DO NOW

 

[Silverplum]

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

MY QUESTION IS IF NONE OF THE ARRESTING OFFICERS SHOWED UP AT THE PRELIMINARY HEARING SHOULD MY PUBLIC DEFENDER HAVE REQUESTED A DISMISSAL

No.
And please don't post in ALL CAPS. It's hard to read.

AND IF SO AND CAUSE SHE DIDNT WHAT CAN I DO NOW

Irrelevant.

 

[GEMZ5150]

drug charges

i have a pending charge of possession with intent to sale and a receiving stolen property from an item that was recovered during the raid but wasn't charged till the next day and a possession charged i picked up while on bail on the other two do i qualify for drug program i do have a prior from 2001 for sales and i did drug court

 

[Antigone*]

i have a pending charge of possession with intent to sale and a receiving stolen property from an item that was recovered during the raid but wasn't charged till the next day and a possession charged i picked up while on bail on the other two do i qualify for drug program i do have a prior from 2001 for sales and i did drug court

So you were given diversion once, why do you think you should even be allowed to have it again? If you didn't learn the first time I highly doubt a second chance would make a difference. In California where resources are scarce, repeat drug offenders should not be given second chances.

 

[Just Blue]

Appropriate capitalization. Appropriate punctuation. These are your friends.

 

[GEMZ5150]

So you were given diversion once, why do you think you should even be allowed to have it again? If you didn't learn the first time I highly doubt a second chance would make a difference. In California where resources are scarce, repeat drug offenders should not be given second chances.

What Is Drug Addiction?

Addiction is a chronic, often relapsing brain disease that causes compulsive drug seeking and use, despite harmful consequences to the addicted individual and to those around him or her. Although the initial decision to take drugs is voluntary for most people, the brain changes that occur over time challenge a person’s self control and ability to resist intense impulses urging them to take drugs.

Fortunately, treatments are available to help people counter addiction’s powerful disruptive effects. Research shows that combining addiction treatment medications with behavioral therapy is the best way to ensure success for most patients. Treatment approaches that are tailored to each patient’s drug abuse patterns and any co-occurring medical, psychiatric, and social problems can lead to sustained recovery and a life without drug abuse.

Similar to other chronic, relapsing diseases, such as diabetes, asthma, or heart disease, drug addiction can be managed successfully. And as with other chronic diseases, it is not uncommon for a person to relapse and begin abusing drugs again. Relapse, however, does not signal treatment failure—rather, it indicates that treatment should be reinstated, adjusted, or that an alternative treatment is needed to help the individual regain control and recover.

http://www.drugabuse.gov/publications/drugfacts/understanding-drug-abuse-addiction

 

[Zigner]

Ahh, another person who says "don't blame me!"

 

[Antigone*]

What Is Drug Addiction?

Addiction is a chronic, often relapsing brain disease that causes compulsive drug seeking and use, despite harmful consequences to the addicted individual and to those around him or her. Although the initial decision to take drugs is voluntary for most people, the brain changes that occur over time challenge a person’s self control and ability to resist intense impulses urging them to take drugs.

Fortunately, treatments are available to help people counter addiction’s powerful disruptive effects. Research shows that combining addiction treatment medications with behavioral therapy is the best way to ensure success for most patients. Treatment approaches that are tailored to each patient’s drug abuse patterns and any co-occurring medical, psychiatric, and social problems can lead to sustained recovery and a life without drug abuse.

Similar to other chronic, relapsing diseases, such as diabetes, asthma, or heart disease, drug addiction can be managed successfully. And as with other chronic diseases, it is not uncommon for a person to relapse and begin abusing drugs again. Relapse, however, does not signal treatment failure—rather, it indicates that treatment should be reinstated, adjusted, or that an alternative treatment is needed to help the individual regain control and recover.

http://www.drugabuse.gov/publications/drugfacts/understanding-drug-abuse-addiction

BULLPUCKY ~ please do not give me that BS comparson between asthma (or any other chronic illness) and drug addiction.

<spit>

 

[dave33]

i have a pending charge of possession with intent to sale and a receiving stolen property from an item that was recovered during the raid but wasn't charged till the next day and a possession charged i picked up while on bail on the other two do i qualify for drug program i do have a prior from 2001 for sales and i did drug court

Unfortunately, I am not sure if in your state you are eligible for a second chance. Regardless you should enroll in at least out-patient counseling. What's done is done, consult with your attorney.

I guess some other posters here feel you are not worthy of a second chance. Ignore their ignorance and do the best you can to get re-enrolled in a diversion program.

The fact that you have noy stayed clean after the 1st program is not unusual and to dwell on the negative will do no good. Afterall, if people got it the 1st time there would not be anything called a drug problem. goodluck.

 

[CdwJava]

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

MY QUESTION IS IF NONE OF THE ARRESTING OFFICERS SHOWED UP AT THE PRELIMINARY HEARING SHOULD MY PUBLIC DEFENDER HAVE REQUESTED A DISMISSAL AND IF SO AND CAUSE SHE DIDNT WHAT CAN I DO NOW

I presume the prosecutor moved for a continuance? If your attorney did not move for dismissal, then there's not much you can do about it now. You can always hire another attorney.

Besides, ya know what such a motion would have done? Nothing. Absent an order dismissing the matter with prejudice (which would be unlikely), the state could simply re-file it again ... that could mean a new arrest for you.

i have a pending charge of possession with intent to sale and a receiving stolen property from an item that was recovered during the raid but wasn't charged till the next day and a possession charged i picked up while on bail on the other two do i qualify for drug program i do have a prior from 2001 for sales and i did drug court

Actually, you do not qualify for Prop 36 or Drug Court so long as you have a sales charge or the stolen property offense pending.

And, what exactly were you trying to convey with your copy-and-paste definition of addiction? That you are not responsible for your actions? That you are?

Regardless of what the definition of addiction might be from drugabuse.gov, you have to deal with the LEGAL situation and definitions as presented to you. At the moment you are NOT eligible for Drug Court or Proposition 36 because of those additional felonies (sales and possession of stolen property). Unless you can make those go away through the plea process, you're looking at the possibility of state or county prison.

Time to get clean and straighten up your life. Nothing prevents you from starting treatment and meetings today!