California’s Drug Diversion Program – CPC 1000

If you are facing a simple drug possession case in California, there may be alternatives for you besides a jail sentence. The purpose of these programs is to provide the accused an opportunity to seek treatment and rehabilitation for his or her drug dependency issue. Successful completion of a drug diversion program could mean a complete dismissal of the charges against you and a clean slate on your criminal record. Of course, certain restrictions apply to this course of action and a Los Angeles drug diversion lawyer can help you determine if pursuing a drug diversion program is the right decision for you.

Deferment of Sentence

For some defendants, California’s Penal Code Section 1000 could apply as a deferment of sentence, thus giving the offender the opportunity to forgo sentencing for 18 months and attend a drug treatment facility. The defendant typically has two weeks from the date of deferment to prove to the court that he or she is enrolled in a program approved by his or her probation officer. Your Los Angeles drug diversion lawyer can also help you locate a program in your community that can meet your needs and help you recover from your addiction.

Under Code Section 1000, the defendant must prove that he or she completed the program, did not violate any other laws for 18 months and paid all required fees and enrollment costs. If the defendant meets these requirements, the drug charges will be dismissed.

Ineligible Individuals

Individuals having previously been convicted of a drug-related offense are not eligible for this program. However, Proposition 36 may be available as an alternative. Proposition 36 permits the offender to attend a licensed drug treatment facility as a condition of probation and as a way to avoid serving a jail sentence. Proposition 36 is available for those who committed non-violent drug-related offenses only.

Drug use is a choice, but for some people, it becomes an addiction. Although the state of California will hold drug-users accountable for their crimes, they also recognize that rehabilitation is sometimes a preferable alternative to incarceration. For more information or to speak to Dan Cota, a Los Angeles drug diversion lawyer, call our offices today: (800) 351-6860.