Bellflower, Client with Bunk to Sell, Treatment Program

One is ineligible for drug diversion programs, i.e. Proposition 36 or PC1000, if that person was engaged in the sale of illegal drugs.  Such programs are meant to treat addiction issues and return the person to society with the skills to fight addiction. 

The possession of a controlled substance for the sale of drugs, however, is seen as far more serious because it involves the financial advantage enjoyed by someone who enables another to develop a chemical dependency, an addiction that can lead some people to commit theft to satisfy the addiction or other crimes while under the influence.  In other words, sales is a completely different and more serious crime.

However, it is well known that many addicts fund their addiction by engaging in sales.

Our client, age 26, with no prior criminal history of drug use or sales was arrested with seven packets of a white substance in his pocket.  This alone was not conclusive evidence of an intent to sell (as compared to having one hundred such packets), but our client also had numerous text messages on his cell phone evidencing many sales, as well as nearly $800 in small bills. 

When arrested, he admitted to police that he intended to sell the white substance as cocaine, although only half the packets were actually real cocaine.  The other half were baby powder that he intended to sell as cocaine to an unsuspecting buyer, which he also admitted.

It is not uncommon for addicts to support their habit through sales, as was the case with our client.  Our office had previously represented this client in an unrelated felony in another courthouse and had the case fully dismissed with no plea bargain of any sort. 

Greg Hill worked with the client’s family to enroll him in an inpatient treatment program, which the family did.

However, the District Attorney assigned to the case (the case was transferred from Bellflower to the Early Disposition Program (EDP) court in Downey) in Downey would not agree to any diversion program.  She seemed to take a personal interest in the case, commenting that attempting to sell bunk, let alone admitting this to a police officer, showed our client was extremely dangerous.  She had handled more than one case wherein a person died from ingesting bunk, believing it was something else.  When the pre-plea report came out, stating that our client was ineligible for diversion, she offered four years to our client.

Greg Hill then set the matter for a Preliminary Hearing and had the case sent back to Bellflower.  Once in Bellflower, Greg approached the judge assigned to the case and once again sought diversion for the client, explaining that the sales was really just a manifestation of our client’s attempt to fund his addiction.  In other words, this case was really just a case for possession of a controlled substance, which was eligible for diversion.  The judge agreed and the client promptly agreed to such a plea bargain.  This was definitely a lucky turn of events.

When our client finishes the drug treatment program, his case, alleging sales of cocaine, will be dismissed.  This was a very fortunate and, really, simply lucky disposition.

For more information about drug diversion programs and probation conditions for drug offenses, click on the following articles:
  1. Drug Diversion Programs – Prop 36 Versus PC 1000.  
  2. Court Rules That, In Drug Case, a Probation Condition is Proper That Someone Not Associate with Others He Has Reason to Know are Drug Users.
Watch our Video about Drug Offenses by clicking here.

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