A San Diego criminal defense attorney can guide you through the multiple drug diversion programs and options which defendants have in a criminal case. Under California Penal Code Section 1000 a defendant may receive a deferred entry of judgment by pleading guilty to the offense and agreeing to enter into a drug program. The guilty plea is deferred until the individual successfully completes the drug program, after which the criminal charges are dismissed. Successful completion of a drug program under PC 1000 also gives an individual the right to answer that they have never been arrested for or charged with the drug offense.
Drug offenses that fall within the provisions of PC 1000 are:
- Possession of a controlled substance (restricted drug) H. & S. 11350
- Possession of marijuana H. & S. 11357
- Possession of drug paraphernalia H. & S. 11364
- Aiding, assisting or abetting the unlawful use of controlled substances H& S11365
- Possession of non-narcotic prescription drugs without a prescription H. & S.11377
- Possession of prescription drugs without a prescription Business & Professions Code 4060
- Cultivation of marijuana for personal use H. & S. 11358
- Creating or using a forged or altered narcotic prescription, where the drug obtained was for personal use and not sold or furnished to another H. & S.11368
- Possession of marijuana while driving Vehicle Code 23222(b)
- Using or being under the influence of a controlled substance H. & S. 11550; Penal Code 647(f)
- Solicitation of commit a felony (applies where solicitation was for personal use only) Penal Code 653(f)
- You cannot have any existing or prior convictions relating to controlled substances.
- The underlying offense cannot be a crime of violence or threatened violence.
- A person who is charged with both being under the influence of a controlled substance H. & S. 11550 along with driving under the influence of alcohol and a controlled substance would likely be denied.
- A person who was or is on probation or parole for a prior offense must have successfully completed them.
- A defendant who had his prior probation or parole revoked will not be eligible.
- A defendant may not be eligible for deferred entry of judgment or drug diversion if he has completed or been terminated from diversion or deferred entry of judgment or received a felony conviction within the last 5 years.
Call us today to confidentially discuss your case and eligibility for PC 1000. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over 30 years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!