NEWPORT BEACH, Calif. — A deputy public defender moved Friday to dismiss all charges tied to post-bail conditions, but a judge ultimately allowed only partial relief, maintaining a restitution fee while reducing charges at the Newport Beach Harbor Justice Center after the accused pleaded guilty to two narcotics-related counts.
The accused was out of custody and convicted on Count One during pretrial proceedings for a felony related to possession of hard drugs with two or more prior convictions. His second offense was ruled a misdemeanor on Count Two for possession of controlled substance paraphernalia. Both violations occurred more than a year ago, on April 1, 2025.
The deputy public defender sought to reduce the accused’s sentence by accepting a plea deal in exchange for waived custody time, allowing him to avoid serving time in jail. In return, the accused was assigned to an outpatient program approved by the court under the Treatment-Mandated Felony Act.
This mandate under California Health and Safety Code section 11395(b) applies to the accused’s first count involving prior convictions for possession of hard drugs, stating that those convicted may be sentenced to serve time in county jail for a maximum of one year. It also allows individuals to choose treatment over jail time by accepting a guilty plea.
In addition, the DPD requested that both Counts One and Two be reduced to misdemeanors and that the post-bail charges be dropped, citing the accused’s inability to pay. She stated that the accused relied on his vehicle for transportation and emphasized his struggle to secure stable housing due to financial hardship.
The judge addressed the deputy district attorney’s concerns regarding the accused’s prior criminal record, noting his history of convictions for possession of hard drugs. She emphasized the need for supervision and continued participation in the treatment program as a condition of probation. She informed the accused that his guilty plea included mandatory participation in the court-approved outpatient treatment program.
These conditions comply with statutory guidelines under the Treatment-Mandated Felony Act, which can lead to dismissal of charges and removal of convictions without requiring time in county jail.
As a result of the guilty plea, Judge Maria D. Hernandez reduced Counts One and Two to misdemeanors and released the accused under a sentence of one year of informal probation. She ordered updates on his progress in the outpatient program and completion of 30 hours of community service, due by Oct. 5.
Although the judge acknowledged the DPD’s request to dismiss all charges, she weighed the DDA’s concerns regarding prior convictions and ordered the accused’s case referred to collections, dropping all post-bail charges except for a $150 restitution fee.
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