PRACTICE AREAS

PRACTICE AREAS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • August 25, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • July 26, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • November 21, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.
Am I Eligible for Criminal Diversion?
September 21, 2016

Under California law, a person accused of low level narcotics offenses may be eligible for diversion if they meet specific conditions. The specific offenses eligible for diversion are:

  1. Health & Safety Code section 11350 , possession of controlled substance;
  1. Health & Safety Code section 11357 , possession of marijuana;
  1. Health & Safety Code section 11364 , possession of controlled substance paraphernalia;
  1. Health & Safety Code section 11365 , present in location where controlled substances are being used;
  1. Health & Safety Code section 11375(b)(2) , possession of specified controlled substances without a prescription;
  1. Health & Safety Code section 11550 , under the influence of specified controlled substances;
  1. Vehicle Code section 23222 , possession of an open container or marijuana while driving a motor vehicle;
  1. Health & Safety Code section 11358 , cultivation of marijuana (if for personal use only);
  1. Health & Safety Code section 11368 , forged prescriptions (if for personal use only);
  1. Penal Code section 653f(d) , soliciting specified Health & Safety code violations in order to provide controlled substances for personal use;
  1. Penal Code section 381 , possession and/or under the influence of toluene (glue, paint, etc.);
  1. Penal Code section 647(f) , public intoxication controlled substances (other than alcohol);
  1. Business & Professions Code section 4060 , possession of a controlled substance without a prescription.

In addition to one or more of the above offenses being charged, the following conditions must be met:

  1. No prior controlled substance conviction;
  1. There are no charges that include acts of violence or threats of violence;
  1. There is no evidence of controlled substance violations other than the ones listed above;
  1. The person has not had probation or parole revoked without a subsequent completion of probation or parole;
  1. The person has not previously engaged in diversion or deferred entry of judgement within five years of the current offense; and
  1. The person has not suffered a felony conviction within five years of the current offense.

If a person is eligible and agrees to accept diversion, the court will require a guilty plea to the charges.  Sentencing is then continued while the person completes a treatment program.  If the person successfully completes the treatment program, the court will dismiss the charges.

According to Penal Code section 1000.4 , “Upon successful completion of a deferred entry of judgement program, the arrest upon which the judgement was deferred shall be deemed to have never occurred.  The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted deferred entry of judgement for the offense, except as specified in subdivision (b).”

Subdivision (b) states that even if the person successfully completed deferred entry of judgement, he or she must disclose the arrest when asked for any application for a peace officer position as defined in Penal Code section 830.

If you are looking for an experienced, reliable criminal defense attorney who understands all aspects of resolving a criminal case and will work to keep your criminal history clear, schedule an appointment on this web site or call to set up a time to meet and discuss your case.