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Want PC 1000 not Prop 36

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debreb4

Member
California
How can one convince a judge to reinstate you into the PC1000 Drug Progam rather than place you into Prop 36? Also does the length of probation extend beyond the completion of the program-Prop 36?:(
 


garrula lingua

Senior Member
You can't.

You pled guilty in order to get DEJ (PC1000).

When you screwed up, the Judge should have sentenced you for the drug offense.

You had a good attorney if you were given Prop 36.

If you push it too much, they will be glad to sentence you on the drug charge (jail & probation).

You were given another chance with Prop 36 - you had the (only other) option of taking a conviction and sentence & you chose 36.

What's that saying ... something about a guy crying about his hunger while carrying a loaf of bread under each arm ....

You'll love Prop 36. You'll bond with the Judge and you'll all sing the Barney song.
 

debreb4

Member
RE reply to want PC1000 not Prop 36

I have not been back to court yet. However, the public defender in the courtroom I'll be going back to said it will be Prop 36. Should I beleive him?
 

garrula lingua

Senior Member
Believe him ???

You should THANK him.

You have another chance; work hard at this one - it will keep your record clean (and keep you out of jail).

I don't know what your charge was, but simple possession is a mandatory 90 days in county jail, and 'under the influence' is a mandatory 30 days in county. That's the MINIMUM, for misdemeanors.

On felonies, you're looking at the possibility of state prison for several years.

Why don't you shock your PD and tell him, sincerely, thanks.

It appears he did a great job for you (I, personally, don't beleive you should keep getting breaks, which you, obviously, aren't appreciative of, & you can't seem to stay out of trouble ... but, you have another chance - I hope you succeed.)

Enjoy the frequent Prop 36 appearances, the random testing, the group hugs and barney songs. The alternative is the jail time.
Please succeed - Prop 36 is an expensive program for the taxpayer.
 

Eekamouse

Senior Member
If you wanted PC1000, you would have complied with PC1000. You didn't so now you get to comply with the requirements of Prop 36. The court is not going to reinstate you to PC1000 just because you don't want to do Prop 36. The court could care less what you would like.
 

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