As A First Time Offender, What Would Be My Punishment For Possession Of Drugs In Orange County?(H&S 11350 And H&S 11377)

As a first-time offender for a nonviolent drug possession offense in Orange County, you may be eligible for a drug diversion program. California Penal Code Section 1000 and Proposition 36 allow you to attend a drug treatment program instead of going to jail. However, your eligibility will depend on the circumstances of your drug possession charge, your criminal history and your ability to complete drug classes. More specifically:

• You must be a first time offender and not have any offenses involving controlled substances on your record;
• The charged offense must not involve violence;
• Your record must not have any revocation of probation or parole; and
• You must not have any felony convictions within five years prior to the charged offense.

If you are eligible for the program, you must plead guilty to the charge. Your sentencing, however, will be delayed pending the completion of the program. While in the program, you will take a series of classes focused on drug treatment. If you successfully complete the program and do not violate the law, your drug possession charge will likely be dismissed.

If you fail to complete the program, the charges against you will not be dismissed and you could be sentenced to up to 3 years in county jail followed by a period of probation. However, the court has discretion in determining your punishment depending on the circumstances of your case.