Drugs in the Real World
The entire world knows that America is the top consumer of recreational drugs. We are a society that chooses to deal with the stresses of modern life by using mood enhancing substances. Sometimes we choose prescription drugs to make us feel better. Some of us choose drugs classified as being illegal. Because of this, next to traffic tickets, drug offenses are probably the most common type of crime committed by the average American citizen. In fact, most people who are charged with drug offenses lead an otherwise ordinary life. Since most drug users have an addiction problem and not necessarily a criminal inclination, merely putting them in jail will not solve the problem. Locking someone up for years will not help them stay off drugs. It could actually push them into consuming more drugs to deal with the reality of prison life. The idea that jail will not cure addiction is the main theory behind Prop. 36.
Drug Use/Abuse Requires Treatment, Not Jail
People who are addicted to drugs should receive treatment to deal with their problem instead of spending time in jail. Prop 36 embodies this concept and seeks to lay out guidelines for when treatment may be imposed in lieu of or to accompany jail time.
Some of the requirements for Prop 36 consideration are the following:
- A defendant cannot be given Prop 36 if he or she has previously attempted two separate treatment programs and has been found by the court to not have benefited from such treatment.
- Prop 36 will not be given where the defendant rejects it as a term of probation.
- It is also not available if a firearm was used in relation to the drug offense.
- It will not be given where a second misdemeanor or felony offense (non-drug related) is charged and convicted in the same case.
- A defendant will not get Prop 36 if they have a strike during the previous five year period. A defendant must also be clear of any non-drug violent or felony convictions, or convictions requiring prison time.
When someone is dealing with a first time offense, the court is sometimes more lenient in how they impose Prop 36.
Find Out If You Qualify For Prop 36
If you have been charged with a drug offense, Paramount Defense is available to determine if you qualify for Prop 36, and then to secure it on your behalf to help you avoid jail time. Contact us at anytime to discuss your situation in a confidential manner.