Proposition 36 is a voter-approved initiative which mandates drug treatment instead of jail for certain first- and second-time low-level drug offenses. Proposition 36 is one form of alternative sentencing that may be an option in your California drug case. A skilled California drug lawyer from The Kavinoky Law Firm can review your case and help you to determine whether Prop. 36 may be an option.
Prop. 36 is intended for non-violent, low-level California drug offenders. If you’re facing a manufacturing or possession for sale charge, you’re ineligible for Prop. 36. Also, if you have been convicted of a serious or violent felony — a strike — you cannot participate in Prop. 36 unless you have been out of prison for five years or more and have no felonies or misdemeanors that involve the threat of violence during that time period.
If you’re accepted into Proposition 36, you’ll have to attend a court-approved treatment program that will include counseling, Narcotics Anonymous meetings, and other activities.
If you enroll in Prop. 36 and then fail to complete the treatment program, you’ll have to return to court and be sentenced like any other drug offender. Therefore, it’s extremely important to ensure that you can commit to any drug treatment program that accepts you if you hope to avoid jail time and the other consequences of a California drug conviction.
Participation in Proposition 36 has literally transformed the lives of tens of thousands of California drug defendants who might otherwise had to serve jail time. Successfully completing a drug treatment program allows many individuals to address their substance-abuse issues at last and become productive members of society.
Not everyone is eligible for Prop. 36 after a drug arrest in California, but for those who are, the experience can literally change their lives. Your defense lawyer will review your case to determine whether you may be eligible for Proposition 36 diversion.
A California drug charge carries serious consequences, but Prop. 36 or another form of alternative sentencing may be an option. To learn more about Proposition 36, please contact a knowledgeable California drug lawyer from The Kavinoky Law Firm at 1.800.NO.CUFFS for a free consultation.