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Being accused of a drug crime in California is serious. If you are on parole, you could be facing even more serious penalties than if you were simply charged with a drug crime without a previous record. Being on parole is considered a privilege granted to a person previously convicted of a crime.
If you are on parole, when you were released, you were given specific parole conditions which must be adhered to, which likely included avoiding being charged with another crime. If you are currently on parole, being in possession of drugs is considered a violation. Speak to one of our skilled criminal defense lawyers at Dod Law, APC today to make sure your rights are protected.
What Is Proposition 36?
Until Proposition 36 passed through the legislature, any parolee who was found in possession of drugs would have been returned to state prison. However, when this legislation passed, the changes were useful for those on parole. Rather than being sentenced back to prison, the parolee would be placed in a drug treatment program. This does not apply to all parolees equally, however.
Some of the parolees who would be ineligible for drug treatment programs may include:
- Parolees who refuse to participate in a drug treatment program
- Parolees who were previously convicted of a violent felony
- Parolees who are convicted of a misdemeanor unrelated to the use of drugs
Only by contacting a criminal defense lawyer can a parolee successfully argue they can live up to these terms set out by the Parole Hearing Board.
What Are Parolees’ Challenges With Drug Treatment Programs?
There are some things that a parolee who has been found in possession of drugs should be aware of when they are successful in arguing they should be put into a drug treatment program for a violation of parole by being in possession of drugs. These include that:
- Drug treatment program could last one year
- At the discretion of the parole board, the term of the program could be extended six months
- Failure to complete the program could result in jail time
- To the extent they are able, parolees may be required to pay all or part of the treatment program
- Additional possession violations could mean a return to jail
It is important for any person who is found to be in possession of drugs while on parole to work with an experienced California drug possession lawyer. These criminal charges can be very serious and can add additional time to their parole.
Contact a Criminal Defense Lawyer With Drug Defense Experience at Dod Law, APC
Facing a drug possession charge is serious. Anyone who is facing a charge should be aware they are potentially facing serious penalties. For those who are currently on parole, the penalties could even involve returning to prison or being forced into a one-year drug treatment program, which could also have an adverse impact on their ability to secure employment or maintain their employment. Someone on probation should never attempt to fight these charges on their own.
When facing a drug possession charge, you need immediate legal assistance. Prosecutors will attempt to use every tool at their disposal to force your return to the prison system. Even if you are on probation, you do have certain rights. We can help make sure those rights are not violated. Contact our lawyers at Dod Law, APC who have over 18 years of experience today by calling (619) 814-5110 or filling out our contact form to arrange for a free consultation if you are facing drug charges while on parole.