Drug Crimes Diversion
Deferred entry of judgment may be available to you in certain drug cases. Under Penal Code 1000, certain controlled substance crimes may be eligible for a diversion program. What this means is that the drug crime you are charged with may be completely dismissed upon successful completion of a drug program.
Depending on the charge, PC 1000 may be available if the following factors apply to you:
- You have no prior drug crimes conviction.
- Your case did not involve crime of violence.
- Only deferrable drug offenses involved. This usually means the drug charge cannot involve sales or being under the influence of a controlled substance while driving.
- Prior probation or parole successfully completed.
- No deferred entry of judgment or felony conviction for 5 years.
If you are PC 1000 eligible and want to enroll in the drug program, you will enter a 32-hour drug education class that takes place within a 15-week period. You plead guilty to the charges, but the judge holds off on sentencing you. If you cannot complete the program, the judge will then sentence you since you already plead guilty. However, if you do complete the program, the judge will dismiss your charges and your guilty plea is essentially wiped away.
Prop 36 provides a drug treatment program with probation for qualified defendants convicted of nonviolent drug possession offenses.
You are not eligible for Prop 36 if:
- You were previously convicted of a serious or violent felony under Penal Code 667.5(c) or 1192.7, unless the prior conviction was more than 5 years before the current offense and during that 5-year period, you have remained from prison custody and did not commit certain specified crimes
- In the same proceeding, you are convicted of a separate misdemeanor unrelated to drugs or of any felony
- You refuse drug treatment as a condition of probation
- You have two separate convictions for nonviolent drug offenses and you participated in two separate courses of drug treatment and found by the court by clear and convincing evidence to be unamenable to any and all forms of drug treatment; OR
- You committed certain specified drug offenses in combination with the use of a firearm.
Upon completion, you may be able to petition the court for a dismissal of your conviction. It is important to have an experienced Southern California Drug Crimes Lawyer representing you to know what the specific requirements are needed for a dismissal. Each county can have different requirements for dismissals. If you get a dismissal, you do not have to disclose this information on your job application (with some exceptions).
If you were arrested for a drug crime, call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714) 248-DOAN (3626) today. I will aggressively defend you and help get your case dismissed.