Criminal Defense Blog
In California, there are several alternatives to going to jail for simple drug possession cases. Most typical types of diversion programs are California Penal Code 1000 and Proposition 36.
Under P.C. 1000, also known as the Deferred Entry of Judgment ("DEJ"), certain individuals are allowed to enter into a drug treatment program in lieu of going to jail. To be eligible for P.C. 1000, an individual should be a first-time offender who has no prior criminal conviction involving controlled substances. In addition, the charged offense must not involve violence, an individual’s criminal record must not show any prior revocation of probation or parole, and a person should not have been convicted of a felony within five years prior to entering P.C. 1000.
Proposition 36 ("Prop. 36") is a law passed by California voters that also allows judges to order drug treatment rather than jail time for individuals convicted of certain drug-related crimes. However, unlike P.C. 1000, Prop. 36 may be available for those people who have been convicted of violent felonies if for the past five years they have not committed felony or misdemeanor offenses involving violence. Prop. 36 only applies to people charged with simple possession or use, and it does not apply to people who are charged with possession for sales.
If you seek to become eligible for one of drug diversion programs, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people in similar situations for over 40 years.
We have offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. We are able to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation or visit us at our differed entry of judgement and Proposition 36 Pages. We will be there when you call.
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