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  1. #1
    Join Date
    Dec 2006
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    5

    Default Prop 36 and Failure to Appear

    My sister in law(25, no record) was arrested on St Pattys Day for a DUI and a very small amount of cocaine(less than a gram). This was in Los Angeles. She got a lawyer. And they worked out a deal to take classes and her record would be clean. I think it's called "diversion"

    My sister in law is extremely irresponsible and immature. She failed to sign up for the classes because money was an issue. And she made things much worse when she failed to appear in court 2 weeks ago. The judge issued a warrant. She was picked up 2 days later. Judge saw her the next day and refused to even speak with her. He gave her a court date on 12/15 with no bail. She is now in LA county jail. She will serve 17 days before the next court date.

    I have no experience with the law. The initial lawyer worked out a payment schedule for her. She failed to honor it. So this lawyer isn't a resource for us.

    The public defender has offered no information. We called but she did not call us back until yesterday. Yesterday she said the judge must wait for the probation report to make a decision. She said this "probation report" takes 2 weeks.

    Can anybody tell me what she is looking at on the 15th in court? Will she have the opportunity to complete the "diverison" deal? Will the judge revoke it? Is she looking at more time in prison?

    We called another attorney a family member gave to us. This lawyer was extremely shady. Used scare tactics and insults to try and get us to give him a $2000 retainer. We passed on this guy. Were not sure if we should get another attorney or work with the PD.

    Any help would be appreciated.

    Thanks.

  2. #2
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Prop 36 and failure to appear

    I mentioned prop 36. She did not get a prop 36 deal. I thought it was prop 36 but it was called "diversion". I'm under the impression that it is better than prop 36.

  3. #3
    Join Date
    Dec 2006
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    5

    Default One last thing

    She intended to go to court. Court date was on Monday. She showed up on Wed. She immedialtey called the attorney who offered no help. And also called the place to sign up for classes. The guy said she had about 2 weeks after the warrant before the would look for her and arrest her. She planned on signing up on Thursday and than going to court in a few days.

    She just started a new job. Got her first paycheck and planned on using it for the classes. She was arrested the next day at her work.

  4. #4
    Join Date
    Jul 2006
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    5,437

    Default Re: Prop 36 and failure to appear

    Q: Can anybody tell me what she is looking at on the 15th in court?

    A: My guess is jail.



    Q: Will she have the opportunity to complete the "diverison" deal?

    A: She had that chance and did not take it; her choice.



    Q: Will the judge revoke it? Is she looking at more time in prison?

    A: My guess: Yes and yes.

  5. #5
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Prop 36 and failure to appear

    Thank you very much for the reply.

    She spent 15-16 days in jail. How much more time can we expect after the 15th?

    Is this additional time for the drug offense or the failure to appear?

  6. #6
    Join Date
    Jul 2006
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    5,437

    Default Re: Prop 36 and failure to appear

    Q: She spent 15-16 days in jail. How much more time can we expect after the 15th?

    A: It depends on how much time she had hanging over her head when she first went on probation; look for her to get the full amount.



    Q: Is this additional time for the drug offense or the failure to appear?

    A: There is no additional time unless she committed a new crime; that would be a separate deal. The time she is serving should count for the time she will be sentenced to when she goes before the judge.



    Second chances are rare in cases such as you describe. Probation and parole officers are overburdened as it is and sure don't like taking on someone such as you describe.

  7. #7
    Join Date
    Dec 2006
    Posts
    5

    Default Re: Prop 36 and failure to appear

    seniorjudge,

    We were told by this shady attorney that he would meet with the DA and probation guy and try and work out a 2nd chance before the court date. Is it in her best interest to do this. To try and meet with the DA or probation people before the next court date?

    Is it possible to arrange this meeting and reach an agreement before the court date? Is the DA the guy who could do that? And would the judge agree to it?

    Thanks again.

  8. #8
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Prop 36 and failure to appear

    Q: We were told by this shady attorney that he would meet with the DA and probation guy and try and work out a 2nd chance before the court date. Is it in her best interest to do this. To try and meet with the DA or probation people before the next court date?

    A: I have no idea whether it is in her best interests or not; I don't know her.


    Q: Is it possible to arrange this meeting and reach an agreement before the court date?

    A: This is normal; it's done thousands of times a day in this country.


    Q: Is the DA the guy who could do that?

    A: Yes.


    Q: And would the judge agree to it?

    A: I have no way of knowing that; it depends on the agreement and it depends on the judge.


    As I said, it is unlikely that second chances in the circumstances you describe are about to happen.

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