Informal Diversion Granted for Client Charged with Misdemeanor “Possession of Nitrous Oxide” in Violation of Penal Code section 381b - Case Completely Dismissed Despite Unsuccessful Completion of Drug Program

Our client was charged with violating Penal Code section 381b, “Possession of Nitrous Oxide” after being arrested in her car with over 36 nitrous oxide canisters and a metal canister used to inhasle the nitrous oxide, which are client admitted she inhaled to “feel good.”

We presented the prosecution with an equities package detailing the fact that our client was the recent victim of a home invasion robbery, which has resulted in trauma and anxiety, the fact that our client recently naturalized as a United States citizen from China, and was attending school full-time at FIDM. Given these equitable circumstances, the prosecution allowed our client to enter a pre-trial diversion program where she was ordered to complete a PC 1000 drug program, pay a $150 diversion fine, and obey all laws for one year.

Given our client’s language barrier and the COVID-19 pandemic, she was unable to complete the PC 1000 drug program in the time ordered. However, we presented the prosecution with documentation that our client voluntarily completed 20 Alcoholic’s Anonymous (“AA”) classes, paid the diversion fine, and cooperated with the prosecution of the defendants in the home invasion robbery. Given these circumstances, the prosecution agreed to completely dismiss the case pursuant to Penal Code section 1385.

This is a great result for our client that will allow him to effectively state that this arrest and case did not occur!

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