Drug Charges for First Offenders and California’s Drug Diversion Program
Are you dealing with drug charges in California? If so, you may be eligible for the state’s drug diversion program. This program is designed so you’ll go into a treatment program instead of spending time in jail. After you’re treated, the court dismisses your drug charges.
So, what criteria allow you to proceed with the program?
Do You Qualify for Pretrial Drug Diversion?
You may be qualified for a drug diversion program if you’re a first offender, a non-violent offender, and you’re not charged with possession of drugs for sale.
You should discuss your situation with your lawyer to see what they think. However, it’s still up to the prosecutor to recommend you for treatment. If you’re accepted for drug diversion, keep in mind that the court must approve of the facility where you receive treatment. In addition, the program will last 12 to 18 months.
If accepted into a program, you’ll need to submit to drug testing and must be willing to pay for part of the treatment costs.
Penal Code 1000 and Pretrial Drug Diversion
Before 2018, penal code 1000–which references drug diversion–was called a deferred entry of judgment or DEJ. At that time, you had to enter a plea of “guilty” to take part in drug diversion. If you completed the drug treatment program, your charges were dismissed. However, if you did not complete the therapy, the court enforced the guilty charge.
Pretrial Drug Diversion: What the Law Currently Says
After 2018, the law was amended, and, today, the program is referred to as a pretrial diversion program. The revised law allows you to plead “not guilty” to your charges so you can receive drug treatment.
Once you complete the program, the charges are dismissed. However, if you don’t follow through with the treatment, you’re still entitled to a trial.
This trial will be a bench trial. Therefore, you’ll have your case heard solely before a judge (not a jury). The judge takes on the role of the jury, determining the facts and ruling on evidentiary and procedural issues. He or she will then hear the evidence of your case, decide on the rulings, and render a verdict of guilty or not guilty.
Offenses that Apply to Penal Code 1000
Certain offenses allow you to take part in penal code 1000. These charges involve several health and safety codes, certain penal codes, and vehicle code 23222(b) (possessing cannabis in an open container inside a car).
Health and Safety Code Violations
Health and safety code violations that apply to penal code 1000 include:
- Possession of a controlled substance
- Possession of cannabis
- Possession of drug paraphernalia
- Being under the influence of a controlled substance
- Aiding/abetting in the use of an illegal controlled substance
- Illegal possession of certain prescription sedatives
- Possession of methamphetamine for personal use
- Being under the influence of a controlled substance.
Penal Code Offenses
Penal code violations that allow you to take part in drug diversion include:
- Solicitation to commit another person to commit a crime so you can personally use narcotics (Penal Code 653f(d))
- Possessing a toxic substance for huffing (Penal Code 381)
- Lewd conduct is associated with being under the influence of a controlled substance (Penal Code 647(f))
Drugs Covered Under Penal Code 1000
At this point, you might be wondering which controlled substances PC 1000 covers. Drugs that fall under this statute include cocaine, heroin, peyote, ecstasy, gamma-hydroxybutyric acid (GHB), ketamine or “Special K,” marijuana, methamphetamine, some hallucinogenic drugs, such as PCP (phencyclidine), and prescription opioid drugs like hydrocodone (Vicodin) or codeine.
The 2 Key Elements the Courts Consider When Considering Diversion Sentencing
Therefore, the court is more inclined to consider pretrial drug diversion beneficial if a defendant used the drug (regardless of its type) for personal use. They will also rule in your favor if they believe you could truly benefit from drug treatment.
If you choose drug diversion over going to jail and are deemed eligible, you must forfeit your right to a speedy trial, a quick preliminary hearing, and a jury trial. However, before the court determines your eligibility for the program, it may ask that a probation officer review your case.
Investigating Your Case Further
A probation officer will look over background information, such as employment records, education, family and community ties, previous controlled substance use, treatment history, if applicable, and other mitigating circumstances.
No statements you make to the probation officer can be held against you. This info is only used to see if you’d benefit the most from treatment, education, or rehab.
If you elect not to take part in pretrial diversion or the court rules against the program, your right to a speedy pretrial hearing and a jury trial is maintained.
Contact Jance M. Weberman Law to Represent Your Drug Crime Defense Case Right Away
If you face drug charges, you need the best legal defense possible In California, you need to contact a professional drug crime defense attorney. To discuss your case, contact Jance M. Weberman today.