Proposition 36, in its present condition, went into effect on November 6, 1012. The statute is designed to counteract the effects of the \u201cThree Strikes (And You\u2019re Out)\u201d doctrine. \u00a0Prop 36 allows for nonviolent drug offenders to complete a probationary sentence and drug rehabilitation program in place of a prison sentence. This is known as a drug diversion program.<\/p>\n
California Penal Code \u00a71000 lays out the deferred entry of judgment program, also known as a DEJ. The code allows for eligible defendants convicted of particularized drug offenses<\/a> to be diverted out of the criminal justice system and into a drug rehabilitation program. The basic protocol of diversion programs is: First, the judge will determine whether or not you are a good candidate for a particular diversion program. Then you will enter a guilty plea, and give the court permission to waive entering a sentence until you complete the diversion program. The judge gives you specific details of your program and you must satisfy each requirement. After successful completion, your drug charge will be dismissed. \u00a0There are three major diversion programs under the California Penal Code \u00a71000: Prop 36, California drug court, and San Francisco\u2019s \u201cback on track\u201d program. Therefore, this is a broad umbrella under which Prop 36 applies.<\/p>\n The Three Strikes policy began in 1994 and has caused much contention throughout the years. While the original intention was to prevent repeat offenders, what has resulted in an unnecessarily overcrowded state prison system. In fact, the electoral campaign behind the law said the scheme intended to \u201ckeep murders, rapists, and child molesters behind bars, where they belong.\u201d However, today, more than half of inmates sentenced under the law are serving sentences for nonviolent crimes.<\/p>\n The basic premise of the Three Strikes doctrine is that if an individual is convicted with a new felony and has a prior serious felony conviction on his\/her record, then they are required to be sentenced to a prison term twice the allotted time for the new felony. And if the individual has two or more prior felony convictions, then the law demands state prison terms of 25 years to life. Hence, the name \u201cThree Strikes.\u201d Ultimately, California’s Three Strikes law restricted San Diego criminal judge\u2019s ability to review each case before establishing particularized sentences for each defendant.<\/p>\n Prop 36 in its earlier form was not applicable retroactively; this means that already incarcerated or convicted individuals who did qualify were not allowed to petition to complete the diversion program. This was a huge issue, in that while Prop 36 afforded newly charged individuals the option to divert away from a prison term, it did not give already incarcerated individuals the same opportunity.<\/p>\n In 2012, Prop 36 was revised and voted into effect as \u201c A Change in the Three Strikes Initiative.\u201d This is what we now know as Proposition 36. The law made two significant changes:<\/p>\n These include possession, using, or being under the influence of a controlled substance without special circumstances, transporting controlled substances for personal use. Not all persons convicted of a non-violent drug possession offense are eligible for probation and rehabilitation treatment under Prop 36.<\/p>\n California Penal Code \u00a71210.1(b) clearly lists who cannot\u00a0be eligible under Prop 36:<\/p>\n It is critical to understand that Prop 36 does not include offenses where a controlled substance is being distributed or manufactured.<\/p>\n The following list includes a selection of some of the qualifying drug possession offenses:<\/p>\n These are the violations, by statute, that do not qualify for Prop 36:<\/p>\n Here are the basics of how to receive a coveted Proposition 36 sentence:<\/p>\n Once you have successfully completed the Prop 36 program, you can petition to have your conviction dismissed by the court. The judge will make the determination of whether your program was successful and whether your conviction should be dismissed based on the following:<\/p>\n Drug charges and convictions are serious matters. These charges are highly technical and can get complicated quickly; they require deep knowledge in the area. A lawyer who practices this specialized area of criminal defense will review the facts of your case, explain your options, and advise you of the possible consequences. But for the best possible defense, you should speak with a local attorney familiar in the specific judicial system your case is presented before. Local criminal attorneys know how local judges and local prosecutors work and can use that knowledge to better represent you. While this may sound easy, but the reality is quite complicated. To make sure you get the best legal scenario possible, you should talk to a skilled criminal defense attorney. Prop 36 could get you on the right track to making positive life changes. Call the Monder Law Group<\/a> today for more information.<\/p>\n Prop 36 in San Diego Proposition 36, in its present condition, went into effect on November 6, 1012. The statute is designed to counteract the effects of the \u201cThree Strikes (And You\u2019re Out)\u201d doctrine. \u00a0Prop 36 allows for nonviolent drug offenders to complete a probationary sentence and drug rehabilitation program in place of a prison […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-170","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nThe Three Strikes Law:\u00a0Origin of Proposition 36<\/h2>\n
New Proposition 36: Revisited and Revised<\/h2>\n
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Deferred Entry of Judgment vs. Prop 36 in San Diego<\/h2>\n
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Non-Violent Drug Offenses that Make You Eligible under Proposition 36<\/h2>\n
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Relevant Statutes to Proposition 36<\/h2>\n
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Proposition 36\u00a0Sentence<\/h2>\n
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Successful Completion of\u00a0Prop 36<\/h2>\n
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Your Best Defense: Let’s Get You Into a Program under Prop 36 in San Diego<\/h2>\n
Contact San Diego Prop 36 Criminal Defense Attorneys for a FREE consultation today at: 619-405-0063<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"