Can Wallin & Klarich Help Me Avoid Jail For Possession Of A Controlled Substance in San Bernardino? (PC 1000 & Prop. 36)

If you are a first-time offender of a non-violent drug possession offense in San Bernardino, your Wallin & Klarich Attorney may be able to get you into a drug diversion program instead of going to jail. California Penal Code Section 1000 and Proposition 36 (Prop 36) allow you to attend a drug diversion or drug treatment program as part of your punishment for drug possession. Your eligibility will depend on the circumstances of your drug possession charge, your criminal history, and your ability to complete drug classes.

To be eligible for a drug diversion program under Penal Code Section 1000:

• You must be a first time offender;
• You must 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.

Under Prop 36, a judge can order you to attend a drug treatment program rather than face jail time. You may be eligible for a Prop 36 drug treatment program if you meet the following requirements:

• You are a first time offender of a non-violent, simple drug possession or drug use crime;
• You do not have any serious or violent felony convictions on your record;
• If you have a violent felony conviction, you must have been out of prison for at least five years with no felony convictions, other than a non-violent drug possession offense or misdemeanor convictions involving violence within that time; and
• You are not charged with possession for sale of a controlled substance or convicted of a non-drug related offense in the same proceeding.

If you successfully complete the program and stay out of trouble with law enforcement, your drug possession charge will likely be dismissed. If you do not complete the program, the charges will not be dismissed and you could be sentenced to up to 3 years in county jail followed by a period of probation. Your San Bernardino Wallin & Klarich Attorney can help you obtain the best possible sentencing option.