Under the influence and solicitation to buy Oxycontin

[RonMexico]

What is the name of your state? California

Hi, everyone. Before I get started, let me say that I have no prior criminal record, and my only run-in with the law was a citation for a failure to yield that resulted in minor traffic accident. A few days ago I was trying to buy an 80mg pill of Oxycontin. My dealer had called and told me he was on the way. A couple hours later (not unusual at all for him to be running that late), I get a text message saying he's outside. When I go out, I'm greeted by two John Q. Law types. They inform me that the dealer's been arrested, and they're now paying visits to his customers. This is in the middle of the night and my parents are asleep inside, so, not wanting to have them woken up by cops searching my room, I comply and tell them everything they want to know (which basically amounts to my admission that I've been addicted to Oxy for two years now. I'm arrested and charged with being under the influence of a controlled substance and solicitation to buy drugs. Well being booked, I put it in writing that I have an addiction and want help (which I now realize I shouldn't have done, but I was pretty freaked out at the time and just wanted to make things easier).

I really, really do not want to use this stupid drug again, and I'm quite certain that I can overcome it myself. I know about the deferred entry of judgment and Prop 36, but I've just found out from a friend that those basically ream you in terms of financial costs. So my question is, what is the best way to minimize my costs? Is there anything I can do (perhaps work service) that doesn't involve expensive drug treatment or ankle monitors? Would voluntarily participating in a program like Narcotics Anonymous change anything?

 

[CdwJava]

If you decline prop 36 you can face jail time and probation. Sorry, but you have no great choice in this unless you want to spend a lot of time in jail, have an arrest record for a felony, and have a lot of probation plus mandatory drug treatment anyway.

- Carl

 

[RonMexico]

Both charges are misdemeanors, though. I wasn't actually in possession of anything.

 

[CdwJava]

Both charges are misdemeanors, though. I wasn't actually in possession of anything.

Being under the influence will have the same options available to you - just minus the potential felony rap sheet.

But, like I said, if you want a lot of jail time plus probation, go ahead and ask your attorney to drop the deferral program. When he gets finished looking at you like you are insane, explain that you want to save a little money by staying in jail and serving more time on probation, and that you do not care if you have a drug conviction on your record because employers will hire you anyway.

Your choice.

- Carl

 

[RonMexico]

I'm sorry, I don't think I was being clear. I'm not being offered two misdemeanors in exchange for a guilty plea. They're not offering me the opportunity to bargain down from a felony. Two misdemeanors is all I was ever charged with. There was never a felony charge to begin with. My first court date isn't for awhile, so I'm just trying to get all my options in front of me. I was wondering if, being a first-time offender and only being charged with two misdemeanors, I would be able to do a work program or possibly a voluntary free treatment program like NA. I mean, I'm not trying to worm my way out this. I know I broke the law and I'm just glad there's no jail time to begin with. It's just that I'd like to move on with this as quickly as possible. That whole night was pretty much a major "scared straight" experience for me and I just want to move on now.

 

[CdwJava]

I'm sorry, I don't think I was being clear. I'm not being offered two misdemeanors in exchange for a guilty plea. They're not offering me the opportunity to bargain down from a felony. Two misdemeanors is all I was ever charged with.

Yes - I understand that.

I was wondering if, being a first-time offender and only being charged with two misdemeanors, I would be able to do a work program or possibly a voluntary free treatment program like NA.

In most counties, no. With the inception of Prop 36 (PC 1000) you have the ability to pursue a deferred entry of judgment through treatment ... which may BE through NA or some similar program. Successful completion of the program and probation should result in the offense being erased from your record, thus becoming a detention only and not a conviction. What you want to do would still require probation, possibly jail time, and would be one or two convictions for dope on your record.

Do you want to be forced to reveal to future employers you are a convicted dope user? And, do you want to be required to register as a drug offender for the next 10 years with the local law enforcement agency alongside the sex offenders?

Prop 36 is a 'gimme' ... take it. Well, consult an attorney first, then give it serious consideration.

- Carl

 

[RonMexico]

OK, that's what I needed to know. Thank you very much for the advice. When I hear "drug treatment," I automatically think of something that will take a second mortgage to pay for (not that I even have a first mortgage, but you know what I mean). Well, I'll get started with the NA asap and hopefully if I'm doing OK with that I'll be allowed to stay there rather than doing something that costs more money.

 

[CJane]

OK, that's what I needed to know. Thank you very much for the advice. When I hear "drug treatment," I automatically think of something that will take a second mortgage to pay for (not that I even have a first mortgage, but you know what I mean). Well, I'll get started with the NA asap and hopefully if I'm doing OK with that I'll be allowed to stay there rather than doing something that costs more money.

Out of curiosity, what was your habit costing you?

 

[RonMexico]

It was at about $200 a week. That's not enough to get a real habit going (physical withdrawals and the like). It's just a very strong psychological craving. But the whole fallout from the arrest--the pain it's caused my family, mainly--has been more than enough to squelch any overwhelming urge. Of course, I still get the craving, but it just doesn't seem worth it anymore.

I'm aware probation will probably run about the same price, so it's not like I'm really upset about it. I'd just like to get on with things as quickly as possible now. I've pretty much pissed away the last two years of my life, and I'm not trying to waste any more, you know?

 

[mike_lee]

Best thing to do is _____________________________________

You know what the best thing to do is, find a good lawyer.

 

[RobertMillerAtt]

Thank you for your posting, and the opportunity for me to help you by responding to your posting.

The answer to your question as far as the cheapest option is simple - it's jail time. That option is available to you if you reject Prop. 36, or a PC 1000 diversion program, and will cost you nothing.

However, before you take the "cheapest option", you might want to at least consult with an attorney, and also find out more about your particular county's policies as to Proposition 36. At least in the counties where I practice, the county has a sliding scale, where you pay what you can afford under the counties guidelines.

I hope this helps. If you do have other questions, please feel free to ask anytime -- it's my pleasure to help in any way that I can, and thanks again.