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How does one address color of law misconduct committed by court officers putting defts in wrong diversion program?

11550 first time offender with no prior arrest history or diversion record are being ordered into 3rd level Prop 36 drug diversion. Deft qualifies for "misdemeanor pre-plea drug diversion program" adopted by county in 2012, which DA is supposed to determine eligibility prior to 1st court arrainment. If deft agrees, no charges are filed and deft is required to complete an assigned number of educational classes within a certain time period, pay fines and fees, and no probation. There are three jurisdictional division courts in my county. I believe my local division is the only court committing this color of law misconduct and have material evidence (other case files) to prove 10+ year history of similar color of law misconduct and course of conduct by same court officers involved in current cases.

In particular is a current case where deft is arrested and charged with HS 11550. Deft is 19 y/o female has no prior arrest history or record of diversion. Deft given choice of 90 days in jail or plea offer of Prop 36. Deft pleads "no contest" and enrolls into program and is model divertee. Recognizing and discussing the sentencing error, I accompany deft to meeting with indigent counsel. Counsel denied knowing about pre-plea diversion and demeanor became angry when offered copies of local rules of court and other documents which prove county program, plus copies of PC1000, and other CA and Fed code including judicial administration of drug diversion programs. His response to my offer to leave copies for his review when he had time was he would not read any documents I give to him. He resigned within a few weeks supposedly to start private practice. The public defenders office completely swapped their entire attorney staff one week after that.
Immediately following that meeting, deft's Prop 36 counselor violated her on an alleged admission despite never testing positive. A 1st violation she was ordered into 2 weeks in-patient detox.


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    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    This seems like a discretionary issue. It may depend on his past history if any.
    Answer Applies to: California - Replied: 6/13/2014
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