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The Power of Prop 36: Are you Eligible? Part Two

By Walin & Klarich

In a previous article, we began our discussion regarding Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, which commands that qualified individuals convicted of CA nonviolent drug possession offenses be sentenced to probation and narcotics treatment as an alternative to incarceration. Continued here are some additional valid points of interest for Proposition 36. Other Ineligibility Factors Even if the defendant is convicted of a qualifying offense, if he/she has been previously convicted of one or more ?strike? priors under Sections 667(b)-(i) and 1170.12, they will be ineligible for Prop 36, unless they have remained free from prison custody for the past five years and have not committed any felony other than a nonviolent drug possession offense nor any misdemeanor involving physical injury or threat of physical injury to another person...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 04, 2009 (boomark / email).