San Diego Drug Diversion Lawyer
In 2000, California voted in Proposition 36, which has allowed many people accused of drug crimes to carry on with their lives. The law now allows people who have been arrested for minor drug crimes to avoid jail or prison time by entering treatment.
Who is eligible for drug diversion programs? What programs are available in San Diego? That can become confusing; we recommend that anyone arrested or charged speak to a criminal defense lawyer at jD LAW, P.C. Our team can determine whether or not you are eligible for such a program.
PC-1000 drug diversion is sometimes called deferred entry of judgment, or "DEJ." In these cases, a defendant pleads guilty to the drug charge, but the judge will delay judgment, and if applicable, sentencing, for 18 months.
During the first five or six months of PC-1000 drug diversion, the individual will attend substance abuse counseling and submit to random drug testing. Once completed successfully, the individual will be placed on 12 months of unsupervised probation. Once that probation period is up, the charge will be dropped and the case dismissed as long as the individual has no new charges during that time.
To be eligible for PC-1000 drug diversion, the charge must be simple drug possession or driving under the influence. The person must have no prior drug convictions and not have been enrolled in PC-1000 drug diversion in the five years prior to the arrest.
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Proposition 36 diversion is a program in which a defendant enters a plea to the charge and is placed on probation. During that probation, the defendant will have to submit to random drug tests, attend substance abuse counseling, and undergo rehabilitation.
There are six different levels within Proposition 36. The first is the least strict. Those undergoing it will likely have to attend outpatient counseling and take random drug tests. However, as the levels increase, the rules and guidelines become more stringent. Higher levels could include regular drug testing and inpatient residential drug treatment.
A judge will determine what level a defendant will start on through Proposition 36 drug diversion, but individuals can go to lower levels in some instances. Those who are showing success in a program, cooperating, and complying with the rules may be dropped to another level that is not as stringent. Likewise, if an individual is not succeeding in a program, violates probation, or is not compliant, he or she may be assigned to a higher level.
Generally, anyone charged with simple drug possession in California is eligible for Proposition 36. The only exceptions are those who have been charged with selling drugs, those who have prior convictions in the five years prior to the current charge, and those under California’s Three Strikes law.
No one should allow a minor drug charge to keep them from gaining employment and other opportunities in the future. In California, they do not have to, as those charged with drug crimes may be eligible for a drug diversion program.
If you have been charged with a drug crime, contact jD LAW, P.C. at (760) 630-2000. We will fight to ensure that a minor charge does not ruin your life, and that all options are explored to dismiss or reduce the charges. Time is of the essence to your defense, so if you or someone you know has been charged, call today.
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