Under the Influence-90 Days Mandatory ?

[gniss]

I was arrested for being under the influence of Methamphetamine. In Calif.,that means 90
days in jail. Is it likely I could get "Electronic Monitoring" in lieu of jail time ? & how can I get the results of the
blood test taken at the police station ?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by gniss:
I was arrested for being under the influence of Methamphetamine. In Calif.,that means 90
days in jail. Is it likely I could get "Electronic Monitoring" in lieu of jail time ? & how can I get the results of the
blood test taken at the police station ?<HR></BLOCKQUOTE>

My response:

Your court-appointed attorney will make a "discovery" request of the D.A. (assigned Prosecutor)to disgorge all evidence against you so that the same can be reviewed. If convicted, you will not get "electronic monitoring" as your sentence. This, because, there is no way to determine, while at home, that you aren't being supplied with drugs by your friends. One of the purposes of the jail time is to help "clean you up" and to keep you away from drugs.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited May 21, 2000).]

 

[greatfshn]

Uh, 'Liable, didn't they pass some legislation back in the early 60's that gave druggies a choice to seek treatment instead of doing jail? that is, according to what my encyclopedia points out.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by greatfshn:
Uh, 'Liable, didn't they pass some legislation back in the early 60's that gave druggies a choice to seek treatment instead of doing jail? that is, according to what my encyclopedia points out.<HR></BLOCKQUOTE>

My response:

Lots of criminal laws have changed since the sixties. Diversion programs have never been mandatory - - rather, they are looked upon as a privilege by the Justice System. Since the Sixties, many laws have been passed whereby some misdemeanors and felonies "require" mandatory jail or prison time, which is what our writer is talking about. It is when a criminal is granted probation, that the probation will include a program for drug awareness, among many other conditions. In other words, the laws have changed to the point where it is jail first, then we discuss how to treat your problem for the future.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[greatfshn]

Could you point to the website that has the program, or maybe a place where gniss could get some literature?