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November 2016 Archives

Are Marijuana DUI Cases in Vista Courts changed by Prop 64?

Prosecution of marijuana DUI cases in Vista Courts have not changed with the passage of Prop 64 legalizing the recreational use of marijuana.  The new law affects the possession, cultivation and sale of marijuana.  Just like prescription drugs are not illegal with a prescription, you can still be prosecuted if you drive a vehicle while your ability to operate a motor vehicle is impaired regardless of the legality of the substance or alcohol used.  The law is intended to safeguard the public by keeping impaired drivers off the road.

What does Prop 57 authorize?

Prop 57 authorizes early release and parole for prisoners serving a prison commitment for a NON VIOLENT felony offense after completeing the full term of their primary offense not including an enhancement, consecutive sentence or alternative sentence.  This does not effect prisoners serving time as part of a grant of probation.

Prop 64 Legalizing Marijauna and its impact in Vista Courts

Prop 64 legalizing Marijuana does much more than just legalizing the recreational use of Marijuana.  It also provides an opportunity to clean up your prior record if you had prior marijuana related misdemeanors or felonies in Vista Courts and throughout California.  Prop 64, which just passed, is primarily known for legalizing recreational marijuana use and possession for individuals 21 and over, however, it also reduces or eliminates criminal penaltiies for possessing, transporting, and growing marijuana so long as it is done in compliace with this new law.

Can you terminate probation early in Vista Courts?

You can terminate Probation early in Vista Courts.  It requires a motion to be filed stating the request for early termination and the reason.  Usually additional documentation is included with the motion supporting the early termination.   A court date is assigned about 3-4 weeks later, the District attorney is served a copy of the request for early termination and will respond agreeing or opposing the request.  At the hearing, a Judge will hear both sides and make the decision whether early termination is appropriate.