Calif. Prop 36

I pled guilty to misd. under the influence of a controlled substance 04/06 under Calif. Prop. 36. On 01/06/07, I completed my 8 month treatment program. I talked to my probation officer to see if I would now be released from probation. He told me I had to be on probation for 10 more months, for a total of 18 months. On 3/07 I gave a positive for drugs urine test, my first since entering Prop. 36 treatment. I was arrested at my home two weeks after giving the bad urine test and I was put in jail for 5 days, with no charge, no reading of my rights, and upon release from jail, no court date given or me signing any papers at all. In the mail today, I got a notice of a probation violation and a court date of May 1st, to revoke and then reinstate my probation, and referral to relapse treatment for 10 weeks. Under Prop. 36 it is not a probation violation to give two bad urine tests, it is a treatment violation, and Under Prop. 36 a person cannot be jailed for the first two bad urine tests under any circumstances. If I get a probation violation during Prop. 36 drug treatment, I will not be released from probation 10/07, and I will have to be on probation for another 18 months past 10/07, for a total of 3 years. How can I protest to the court that under the Prop. 36 law, I have already had two illegal things done to me, 1) jailed for 5 days for a bad urine test, and 2) charged with a probation violation? My public defender is not one to make any waves with the probation dept. or the court. What can I do? How I do to stick up for myself? How can I get this probation violation charge dismissed? Thank you.

[randalljd]

You normally have to force the lawyer to act if he is representing you. Or try your own letter to the judge. That occasionally works.