Two Misdemeanor Drug Offenses Completely Dismissed for Our Client! No Jail! No Conviction!

Our client was arrested after law enforcement found her engaging in sexual intercourse in the backseat of her vehicle while illegally parked in a “red emergency zone.” Upon contact with our client, law enforcement discovered that she was in possession of methamphetamine and a pipe. Our client was subsequently arrested, booked, and charged with violating Health and Safety Code section 11364(a), “Possession of Controlled Substance Paraphernalia” and Health and Safety Code section 11377(a), “Possession of Dangerous Controlled Substances,” both misdemeanor offenses.

After hiring our office, we instructed our client to gather equitable documentation showing her work history, family, and character letters. Once we received these documents, we wrote an “equities package” to the prosecution to support our argument that our client was deserving of drug treatment and a dismissal of the charges in lieu of a conviction for the offenses.

After meeting with the prosecution, they agreed to allow our client to complete 20 Narcotics Anonymous classes for a complete dismissal of the charges.

At the next court date, we provided the prosecution with proof of completion of 14 Narcotics Anonymous classes and explained that due to COVID-19 and other factors our client was not able to complete the 20 classes. The prosecution agreed to accept this as substantial compliance with the requirement and dismissed both drug charges against our client pursuant to Penal Code section 1385, in the interests of justice.

This is an excellent result for our client which avoided her having to plead to the offenses, serve any confinement time, or have a conviction on her record!

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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 & Avila, LLP 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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