When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. Whereas…
California Proposition 36, also known as The Substance Abuse and Crime Prevention Act, is a type of Drug Diversion program that was passed by voters in November 2000. It changed State law to allow first and second, non violent simple drug offenders the opportunity to receive drug treatment education rather…
Under California Penal Code 1000, certain persons charged with drug related cases are able to get their case dismissed through the completion of drug education and awareness programs. This section applies only to first time offenders if they meet certain requirements. In order to qualify, the charge being brought against…
California Penal Code 1000 creates a drug diversion program that allows certain offenders to avoid a criminal charge. PC 1000 allows for a Deferred Entry of Judgment (DEJ). A DEJ requires that the person charged plead guilty to an offense. The sentencing, or the “judgment”, is then deferred for 18…
A diversion program is a program instituted by the District Attorney’s office that allows a defendant who has been convicted of a Drug offense to avoid criminal charges and a criminal sentence. The program is designed to help rehabilitate offenders and to alleviate the overflow in time, cost and expense…
Contrary to popular belief, the criminal court and the DMV are two separate entities, with very little connection with each other when it comes to the enforcement of sentences and potential penalties. The Court is a judicial entity and follows its own set of laws and procedures where as the…
Many of our clients have inquired about the maintenance and use of the Ignition Interlock Device. While this is all new law, being a pilot project, we have been able to answer the following commonly asked questions. Does the device cause damage to my car and will other people be…
There are a lot of unanswered questions surrounding the new Ignition Interlock Device now required by law in Los Angeles County for those convicted of a DUI. As with any new law, there remains many loopholes and issues that have not been accounted for. Even as a pilot project, it…
Many of our clients have been asking us regarding the Ignition Interlock Device law that went into effect on July 1, 2010. Nothing much has happened since it went into effect, leaving many people wondering how and when it would be enforced. This law is a part of DUI law…
As most terms in the legal field, the word Possession is loosely defined, and as a result many different scenarios may fall under the appropriate meaning for Possession when it comes to a possession charge. Typically possession will include any drug that is found on your person. This is referred…