Can someone explain how this is a misdemeanor?

[highintel]

According to San Diego Police, Escobedo had a loaded .22-caliber Ruger pistol in her trunk — which had been reported stolen -- four small plastic bags containing 1.17-grams of methamphetamine, 22 hydrocodone pills, a small amount of marijuana and an open bottle of vodka.

Escobedo served as the principal of Lee Elementary in Paradise Hills until she was arrested in September 2013. Last year, Escobedo was convicted on two misdemeanor drug and weapon possession charges and received three years probation.

NBC 7 Investigates learned Escobedo is still working for San Diego Unified pending disciplinary action. According to public records, Escobedo, in her new role, also received a 5 percent pay bump in July.

http://www.nbcsandiego.com/news/local/Rachel-Escobedo-Principal-In-Drug-Gun-Case-Still-Working-At-SD-Unified--290997691.html

[Merc1138]

Because California.

[essjay]

A convicted prior offender was caught with a loaded, stolen firearm, three different kinds of illegal drugs, and an open container... and she still has a job? And got a raise? In a school district? That is some serious BS.

[highintel]

A convicted prior offender was caught with a loaded, stolen firearm, three different kinds of illegal drugs, and an open container... and she still has a job? And got a raise? In a school district? That is some serious BS.

I'm more confused how she had all those illegal items at once and got off with two misdemeanors and 3 yrs probation?

[Euphoria526]

That's a good example if what's wrong with this place. I don't just mean Cali. But this stuff happens everywhere

[michael0594]

Because she's a minority. If she were like that 72 year old New Jersey man, then she would have given felonies. Luckily she's a minority and not a typical white guy who collects flintlock guns.

[jtake]

She pled to lesser charges. Check out the link from the article regarding her conviction -- http://www.nbcsandiego.com/news/loca...248039591.html

[SoberClurichaun]

She must have the gift of gab

[RickD427]

It's not hard at all to explain.

There are two main "culprits" here. First check out Penal Code section 17(b). It allows prosecutors to file certain felony charges as misdemeanors. While the article shows that she was arrested on multiple felony charges, all of them qualify for the misdemeanor filing option. The treatment given this subject isn't really different from anyone else. D.A.'s often plead such charges down to get an easy disposition.

The stolen gun charge seems to have disappeared. That also is not unusual. There is no law against simply possessing a stolen gun, or any other stolen object. For there to be a crime, it is necessary to show that the suspect knew the item was stolen (refer to Penal Code section 496). That is a difficult element to prove, and without meeting the burden of proof, there isn't going to be a conviction.

And it gets even better. The article shows that she was convicted on the misdemeanor drug counts. There is a significant inference to be made here. First time drug offenders are entitled to a "Diversion" alternative to criminal charges. They complete a course of treatment, and then the charges are dismissed. That deal is so good that you hardly ever see an eligible person go to trial on a first offense. I would certainly assume, although I don't know for a fact, that this teacher likely has prior drug convictions that prevented the diversion alternative in this case.

[heidad01]

That is what you call good legal representation in court and perhaps a tiny bet of a connection.

[hk-p2000]

Well lets look at Erik Holder. It looks almost the same.

[highintel]

It's not hard at all to explain.

There are two main "culprits" here. First check out Penal Code section 17(b). It allows prosecutors to file certain felony charges as misdemeanors. While the article shows that she was arrested on multiple felony charges, all of them qualify for the misdemeanor filing option. The treatment given this subject isn't really different from anyone else. D.A.'s often plead such charges down to get an easy disposition.

The stolen gun charge seems to have disappeared. That also is not unusual. There is no law against simply possessing a stolen gun, or any other stolen object. For there to be a crime, it is necessary to show that the suspect knew the item was stolen (refer to Penal Code section 496). That is a difficult element to prove, and without meeting the burden of proof, there isn't going to be a conviction.

And it gets even better. The article shows that she was convicted on the misdemeanor drug counts. There is a significant inference to be made here. First time drug offenders are entitled to a "Diversion" alternative to criminal charges. They complete a course of treatment, and then the charges are dismissed. That deal is so good that you hardly ever see an eligible person go to trial on a first offense. I would certainly assume, although I don't know for a fact, that this teacher likely has prior drug convictions that prevented the diversion alternative in this case.

Thanks Rick you always have good input. You are right accord to the link that is posted above it says

San Diego Superior Court Judge Louis Hanoian sentenced Rachel Escobedo last month after she pleaded guilty to two misdemeanors: possession of methamphetamine and possession of a loaded firearm in a vehicle. She's also ordered to complete 40 hours of volunteer work.

[low67vdubinnocal]

Its pretty simple as to why. Prop 47-uninformed feel good voters voting without reading what your going to get without reading the fine print. Now the same uninformed voters are getting what was voted for and don't like it. Now people want the law changed and are surprised real hoods are getting sent home with a ticket after committing crimes against them. Firearms/narcotics crimes serves them right. Read the fine print..

[CK_32]

She has a good lawyer.

[SWalt]

A convicted prior offender was caught with a loaded, stolen firearm, three different kinds of illegal drugs, and an open container... and she still has a job? And got a raise? In a school district? That is some serious BS.

Government work is pretty nice isn't it?