cannabisnews.com: Downey Avoids Jail, Thanks To Prop. 36





Downey Avoids Jail, Thanks To Prop. 36
Posted by FoM on July 17, 2001 at 11:18:47 PT
By Mark Henry, The Press-Enterprise
Source: Press-Enterprise
Actor Robert Downey Jr. received three years probation and will spend a year at a drug-treatment center after his conviction Monday on cocaine charges stemming from his arrest last year at a Palm Springs resort. The Emmy-winning actor of TV's "Ally McBeal" most likely would have gone to prison but for Prop. 36, the voter-approved measure that calls for treatment for nonviolent drug offenders, prosecutors said. Downey became the 25th offender sentenced under Prop. 36 in Riverside County since the measure took effect July 1, said Deputy District Attorney Tamara Capone. 
The Oscar-nominated star of the 1992 film "Chaplin" had entered a state-licensed residential treatment center in May called Wavelengths International in Malibu. He will continue there up to a year as part of his conviction, Capone said. She said outside court prosecutors don't have a say in where Downey is treated, as long as the center is state approved. "It's up to Mr. Downey now," she said, adding his celebrity status won him no special treatment. "If he wants off of drugs, he can get off of drugs." If he violates his probation, the 36-year-old actor could be sentenced up to four years in state prison. While on probation, he is barred from being around drug users, carrying a gun and many other activities. He must also submit to regular drug tests and attend Narcotics Anonymous or other approved programs, said Judge Randall White. The judge also ordered Downey to pay more than $5,000 for treatment, restitution, fines and court costs. "This is not a gift of the court," White told the actor during sentencing. "This is going to be hard work." A subdued Downey rose from his seat several times to say he understood and accepted his plea of no contest to a felony drug possession charge and a misdemeanor charge of being under the influence. A plea of no contest has the legal effect of a guilty plea in criminal court but cannot be used as an admission of guilt in civil lawsuits. Under Prop. 36, Downey would have been sentenced to a drug-treatment center even had he been convicted at trial, Capone said. Even now, Downey could be arrested three more times on drug charges and would not go to prison, as long as he didn't violate other terms of his probation, she said. California voters made it clear they wanted this last November, Capone said. "If he continues to use he eventually will go back to prison," she said. The actor's attorney James Epstein, said outside the courtroom that Downey appreciates that this will be treated as an illness instead of a crime. Downey, who has served jail and prison time for previous drug-related troubles, will be escorted whenever he leaves the grounds of Wavelengths during his treatment. "He's in very good hands," Epstein said. "He's never been this motivated before." Downey left the courtroom and got into a car without commenting. He was arrested Thanksgiving weekend at a Palm Springs resort. Palm Springs police went to his room after receiving an anonymous 911 call. Note: The Emmy winner must spend a year at a drug-treatment center and three years on probation.Source: Press-Enterprise (CA)Author: Mark Henry, The Press-EnterprisePublished: Tuesday, July 17, 2001Copyright: 2001 The Press-Enterprise Company Contact: letters pe.comWebsite: http://www.inlandempireonline.com/Related Articles:Drug Treatment Takes Time To Succeed http://cannabisnews.com/news/thread10141.shtmlRobert Downey Jr Faces Trial on Drug Chargeshttp://cannabisnews.com/news/thread9025.shtmlWill Robert Downey Jr.'s Case Spark a Change?http://cannabisnews.com/news/thread8620.shtml
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Comment #1 posted by Jose Melendez on July 17, 2001 at 12:41:17 PT:
But what of the truth?
Cannabis IS treatment!Anybody want a spiked frozen Hempscream drink?
Jose Melendez - owner/founder of narcosoft.com - Buy Sell Quit Drugs Online!
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