Attorney Stuart Kirchick Explains Why Jail Or Prison May Not Be The Result Of A Drug Conviction, Even With Priors!
Attorney Stuart Kirchick Explains Why Jail Or Prison May Not Be The Result Of A Drug Conviction, Even With Priors!
Ray Hrdlicka – Host – Attorneys.Media
“Well, that’s what I was asking you. It sounds like that change in the process, in terms of the district attorney looking at multiple different drug arrests, obviously in the past, of an individual, that they’re not going to end up in jail or in prison the way they used to twenty years ago. And that’s a significant change. I would assume, within the last, what, five years, ten years?”
Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA
“Significant change. I mean…I think…maybe in the range of five to ten years, more like ten years ago, Health and Safety code 11550, under the influence, had a 90 day minimum jail period. You couldn’t get around it. And slowly but surely, it became…well, if you do 90 days in rehab, we’ll substitute that. And then they just ended up…I can’t remember when that law passed, they did away with that minimum. So, yeah, it’s changed, and rightfully so. I mean, it’s not like, because they’ve decriminalized, to the extent they have, narcotic use. That suddenly everyone’s running around using narcotics at such a higher rate.”
Ray Hrdlicka – Host – Attorneys.Media
“This is not Amsterdam.”
Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA
“Exactly. Yeah, you know, I mean it’s effective, and it’s getting more people into treatment. And if has, of course, lessened the population in jail and in prison. They’ve done a lot, a lot of different decriminalization laws. Especially revolving around marijuana. Of course, more so that anything else.
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