What is Drug Diversion in Orange County? (P.C. 1000 and Prop. 36)
In Orange County, there are several alternatives to going to jail for simple drug possession cases. Your Orange County Wallin & Klarich attorney can help you get into a drug diversion program and avoid serving time in jail. California Penal Code section 1000 (“P.C. 1000”) and Proposition 36 (“Prop. 36”) are two types of diversion programs that you may be eligible for.
Deferred Entry of Judgment – P.C. 1000
If you are accused of drug possession in Orange County, the Deferred Entry of Judgment (“DEJ”) program under P.C. 1000 could be an option for you. The DEJ allows a defendant to enroll into a drug treatment program instead of going to jail.
The DEJ has eligibility requirements. For example:
• You must be a first time offender and not have any offenses involving controlled substances on your record
• Your drug possession charge must not involve violence
• Your record must not have any revocation of probation or parole
• You must not have any felony convictions within five years prior to the charged drug possession offense
If you choose to enter into the program, you will be required to plead guilty to the drug possession charge. The sentencing of your drug possession charge will be delayed upon completion of the program. For 18 months you will take classes focused on drug treatment. Your drug possession charge may be dismissed once you successfully complete the program. However, if you fail to complete the DEJ program, your drug possession charges will not be dismissed and you may face a jail sentence.
Prop. 36 is another option if you are facing drug possession charges in Orange County. It is a voter-passed law that allows the court to order drug treatment in the place of jail time. Prop. 36 has eligibility requirements similar to the ones listed above. Note, you are ineligible for Prop. 36 if your charge is related to possession for sale of a drug.
If you want to enter into the program, you will be required to plead guilty to the drug charge(s). Unlike P.C. 1000, you will also receive a sentence. Instead of sentencing you to jail, the judge will place you on formal probation and require you to complete a drug treatment program lasting up to one year. The judge can place additional conditions on your probation, including:
• Random drug tests
• Regular check-ins with a probation officer
• Court appearances
• Requirement to pay treatment costs
• Lifestyle restrictions
Successful completion of the program will likely result in your conviction being set aside and your drug charge being dismissed. However, the judge can revoke probation and enforce the original sentence—that includes serving time in jail—if you violate any of the probation terms.
Orange County Drug Diversion Program Attorney
At Wallin & Klarich, we have over 40 years of experience in successfully getting clients into drug diversion programs for drug possession charges. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, our attorneys are ready to walk you through the steps of a diversion program and help you stay out of jail. Our attorneys will inform you of what you are qualified for and what may be your best option. Call us today at 877-4-NO-JAIL or 877-466-5245. We will be there when you call.