Recently at the Downey Courthouse in Los Angeles County I was able to negotiate to a pre-plea diversion offer for our client charged with one misdemeanor count of Health and Safety Code section 11377, “possessing a controlled substance, to wit methamphetamine.”
At the first appearance on the case, the prosecution agreed to dismiss the charge if our client completed 45 Narcotics Anonymous classes and obeyed all laws. Without entering a plea, we continued the arraignment for three months and submitted proof of completion to the court and the prosecution of the required classes.
The prosecution dismissed the charge in the interest of justice pursuant to Penal Code section 1385.
This is a great result for our client because he never entered a plea in the matter and the case was completely dismissed. Our client is now eligible to seal his arrest record pursuant to Penal Code section 851.91 and this offense should not be used against him for job purposes, immigration purposes, or any other adverse consequences.
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