Contested Own Recognizance Release on a Vehicle Code section 23152(f) Charges and Health and Safety Code section 11350 Results i

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Recently in Orange County at the Fullerton Courthouse three misdemeanor cases were filed against our client alleging that he violated multiple counts of Vehicle Code section 23152(f), “Driving Under the Influence of a Drug” and Health and Safety Code section 11350, “Possession of a Controlled Substance.” Our client had picked up a new case alleging he was driving under the influence of a drug after having been released on his own recognizance for the same charge. Based on these circumstances, the prosecution wanted bail to be set. Our office was able to argue for our client to remain on his own recognizance without bail being set on the condition that our client attend three (3) Narcotic’s Anonymous meeting per week.

At the next pre-trial date for this matter, our client had failed to complete ANY of the required Narcotic’s Anonymous meetings as the court ordered. However, our client did provide our office with a letter that he was accepted into a residential drug treatment program.

The court wanted to remand our client into custody for failing to comply with the conditions of his own recognizance and failing to attend even a single NA meeting. The court took issue with the fact that our client had picked up a new DUI offense after already being released on his own recognizance for his first DUI offense. After strenuous negotiations, we were able to convince the court not to remand our client on the spot. The court set bail on one of the open cases and we were able to negotiate to allow our client time to post bail and keep him out of custody!

This is a great result and we look forward to zealously advocating for our client during the further proceedings on this matter.

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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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