Health and Safety Code § 11364 Possession of Smoking Device Case Dismissed Pre-Plea!

Recently, at the Downey Courthouse I obtained a complete dismissal for my client! My client was originally charged with violating Health and Safety Code section 11364, Possession of Smoking Device, a misdemeanor. It was alleged that my client consented to a search of his vehicle in which officers discovered a cylindrical glass pipe containing burnt reside. My client admitted that he used the pipe the day prior to smoke methamphetamine.

Based on our investigation, we believed that our client would qualify for the new AB-208 pre-trial diversion program which came into effect on January 1, 2018. Our client’s arraignment on the matter was in November of 2017. We strategically decided to continue the matter until after January 1, 2018 so our client could benefit from the pre-plea diversion program.

On the next court date, I argued that our client would qualify for the pretrial diversion program newly enacted under AB-208. Based on the circumstances of the offense and my request for pretrial diversion under AB-208, the handling deputy district attorney offered our client a “DA pre-plea diversion” offer. Our client was required to complete 26 Narcotics Anonymous meetings in exchange for a complete dismissal of the charge.

After attending only 26 Narcotics Anonymous meetings, the charge was dismissed in the interests of justice. In less than six months we were able to resolve the case with a complete dismissal and no risk of immigration consequences!


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