Should I apply for the deferred action if I'm being charged with a misdemeanor?

DEJ, or deferred entry of judgment actions, are rare in DUI cases. Driving under the influence of MJ will be prosecuted under 23152(a), most DA, I'd not all, will require a conviction without a DEJ program. Most likely you will be offered a sheriff works project/alternate sentencing in order to avoid jail time if this is your first DUI within 10 years. Good luck.

Are you charged with possession or a DUI? Possession of marijuana usually doesn't have DEJ, it has more informal resolutions. There is no application for DEJ, you are either eligible or you are not. Speak to your attorney about your charges and your options.

I think most of attorneys that answered misunderstood what you meant by deferred? They thought you were speaking of the prosecutors deferred judgment program with crim court and not Obama immigration policy. You need to speak with an immigration attorney as this is not solely a criminal issue. Thus far specifics on the Obama program are slow to come out. What we know is that they will look at crim record. They have stated minor viol like driving with a suspended will not be held against an applicant. It's not clear whether a simple possession would be considered minor. It may. Prob worth a shot at applying. I wouldn't fear it as they have stated applications should not be forwarded to ice unless there is an outstanding warrant or the like. There is still a lot to learn from the govt as to specifics.

I doubt you will get a decision before your criminal case concludes. Your charges are of significant misdemeanors and you will not qualify if convicted of them.