Proposition 36 is a California law that lets “nonviolent drug possession” offenders get substance abuse treatment instead of going to jail/prison. The non-violent drug possession offense is defined to include possession or transportation for personal use of any controlled substance. This offense can also be defined as being under the influence of a controlled substance in violation of Health & Safety Code Section 11550.

36 Prop is just one of the sentencing alternatives available to nonviolent drug possession offenders in California. However, only a qualified Los Angeles criminal attorney will know as to which option is best and the most effective in getting an optimal result.

he defendant must be convicted for a “nonviolent drug possession offense” in order to qualify for Proposition 36 sentencing. Proposition 36 does not apply to convictions for dealing or trafficking. This proposition is also not available if:

The defendant has been convicted for a serious or violent felony within five years.
The defendant was convicted during the same proceeding of any felony or a misdemeanor that is not related to drugs.
The defendant refuses drug treatment, and various other cases.

If you have been arrested or charged with a drug crime, you must seek help of a criminal defense lawyer. The experienced criminal attorney Los Angeles do not take criminal cases only to negotiate a plea agreement, but also fight hard to get the option of a drug treatment program if they think it would improve the situation of their client.