Bellflower, 13-Year-Old Case, Health & Safety Code § 11350

Our client was then prosecuted in the Bellflower Superior Court, where a kind prosecutor offered our client Prop 36, which is really for possession of a controlled substance only (not sales).  The client eagerly accepted Prop 36, but as is not uncommon with those struggling with addiction, he picked up another possession case.

His DEJ was then revoked in 2008 and a bench warrant was issued for his arrest.

The bench warrant remained outstanding until 2016, when our client was picked up on a traffic stop in Orange County.  He was then brought back to the Bellflower court, where the judge permitted our client to plead to a violation of Health & Safety Code § 11350, then a felony (prior to the enactment of Prop 47), and be placed on just one year of formal probation on the condition that he enroll in a residential treatment program and successfully complete at least a 90 day program.

To the client’s credit, he did this and successfully completed probation.

The client then moved to Eugene, Oregon, where he started a used car dealership employing mostly recovering addicts.  He found the work extremely fulfilling, helping others in need of stability and in search of others who understood addiction.  The client also volunteered to speak at various youth groups about the dangers of drugs.

However, having a felony on his record from this particular case prevented him from doing business outside the United States and for some countries, he could not even travel there to buy used cars to then import to the United States.

The client then read about Proposition 47 and how a violation of Health & Safety Code § 11350 was eligible for reclassification to a misdemeanor if the applicant did not have a conviction for a crime that required him to register under Penal Code § 290 (sex offender registration), a conviction for a “super strike” (the most serious strikes, as defined at Penal Code § 667(e)(2)(c)(iv)) or reducing the conviction to a misdemeanor would not pose a danger to pose to public safety. 

The client then called Greg Hill & Associates and spoke to Greg Hill.  The client explained his prior case and his current status in life.  Greg had spent a great deal of time in Eugene for track meets over the last few decades, so Greg and the client immediately got along talking about Eugene.

Greg Hill & Associates then filed a Petition for Reclassification of a Felony and a Misdemeanor under Prop 47 (Penal Code § 1170.18).  The petition included a declaration from the client explaining why he sought the reduction of the felony to a misdemeanor.

Greg then appeared on the client’s behalf at the hearing and the judge granted the motion, much to the relief of our client, who can now travel outside the U.S. to grow his business.  He was very happy.