If a non-violent drug possession offence is a violation of the Public Prosecutions Code of Civil Procedure Act, can a defendant avoid jail if it is based on a minor drug possession charge?
California, United States of America
The following excerpt is from People v. Pichel, 2d Crim. No. B266477 (Cal. App. 2016):
Relying on People v. Armogeda, supra, 233 Cal.App.4th 428, appellant claimed that Proposition 36 and section 3063.1 prohibit custodial sanctions if the PRCS violation is based on the commission of a non-violent drug possession offense. Section
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