Chronic substance abuse and mental illness often seem to go together, unfortunately. This poses a huge obstacle to being a productive member of society for the individual suffering from these co-occurring issues. No court can erase this or cure this, but it can provide a program of classes and support to help the individual learn how to minimize the effects. The co-occurring disorders court (CODC) court attempts to do this. What is required? How does this program work? Click on the following link to find out.
Anyone with a history of drug use faces more challenges and stress in dealing with the stress of daily life than someone without such a history. In recognition of how such stress can lead to relapse and crime to support a drug habit, our courts have established the Sentenced Offender Drug Court to help such vulnerable individuals transition to success in life. What is involved in such a program? Who is eligible? How long is it? To read answers to these questions, click on the following link.
If one is charged with a first-time drug possession charge, some type of diversion is often discussed to resolve the case, assuming there is not dispositive motion to file such as a motion to suppress or a Pitchess motion. On the second or third drug offense, drug court is often discussed to provide a more aggressive, committed effort to resolve the drug issues the individual struggles with. What exactly is involved in drug court? How long is it? What is required? To read answers to these questions, click on the following link.
Our legislature and courts understand the unique challenges women face in trying to overcome alcohol and drug addiction issues, while providing for themselves and increasingly, often a child or two as a single mom. These challenges are all the more difficult if one is burdened by a criminal history that makes obtaining job experience all the more difficult. What then is the Second Chance Women’s Re-Entry Court? How does it work? Who qualifies? Click on the following link to read more about this great program.
Who can go to Veteran’s Court? What type of cases? What is required? Is it like diversion? How long is it? How does it differ from Military Diversion under Penal Code § 1001.80? How does it differ from Veteran’s Diversion under Penal Code § 1170.9? To read answers to all these questions, click on the following link.
When someone has their sentence reduced, i.e. under Prop 36 (the Three Strikes Resentencing Act), Prop 47 or Prop 57, so excess custody credits count toward the amount of parole or post-release community supervision to reduce it or even eliminate it entirely. This is an important issue, as may employers will not hire someone on parole or post-release community supervision. To read about this issue, in the context of a recent reported decision, click on the following link.
It is not uncommon for police to stop someone on foot and ask for the person’s ID. The person may say that their ID is in their car. Police will then immediately open the car door, without consent, purportedly looking for the ID and find not only the ID, but a small baggie with a white powdery substance. We have had several cases where this happened. Is such a search and seizure illegal, if nonconsensual? Click on the following link to read about an appellate court decision that addressed this common situation.