Penal Code pc 1000 | Drug Diversion in California
Penal Code pc 1000 drug diversion is a program that allows treatment rather than jail for people charged with simple possession or Penal Code 11550 pc under the influence. Often referred to as "deferred entry of judgment" (or DEJ), an eligible defendant pleads "guilty" or "no contest" to the drug charge. "Judgment" is then continued for 18 months while the person completes a 12-week or longer narcotics abuse treatment program.
If the defendant completes the program and stays out of trouble for the 18 months, the judge ultimately dismisses the case. It is as though the case never happened.
A criminal conviction in California occurs when the court enters or pronounces judgment. When a person successfully completes Penal Code 1000, judgment never gets entered. So no conviction takes place. Indeed, Penal Code 1000.4 states that upon successful completion "the arrest upon which the judgment was deferred shall be deemed to have never occurred." Moreover, employers and state license boards may not use the arrest against the person.
The downside to California drug diversion per Penal Code pc 1000 is that all these benefits get lost if the person fails the program. There's basically two ways to fail deferred entry of judgment:
- By not completing the treatment program, or
- By getting arrested or testing positive during the probation period
In the case of a "diversion falloff," the judge can simply "enter judgment" on the case. This means a criminal conviction takes place, and the judge may sentence the defendant on the charge. Depending on whether it's a felony or misdemeanor, penalties can include jail or California state prison.
Drug diversion operates similarly to Proposition 36. But Deferred Entry of Judgment is generally considered a better option because language in Penal Code 1000 precludes employers and state licensing agencies from considering the case once a person completes the program successfully.
If you or a loved one faces misdemeanor or felony charges, contact our California criminal defense attorneys for help. We'd be glad to meet with you for a free consultation at one of our local criminal law offices in Los Angeles, San Francisco, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside.
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