What are Drug Diversion Programs in California?

In San Diego, and throughout California, charges involving minor drug offenses are some of the most common. Recent changes to state law have increased the penalties for certain drug offenses while reducing others. Drug diversion programs offer an alternative to convictions for certain non-violent drug offenses, but only certain individuals are eligible for these programs. Participating in a drug diversion program has many benefits. Our San Diego drug offenses lawyer can explain how these programs work and help you determine if you are eligible.

What are Drug Diversion Programs? 

Drug diversion programs may allow you to avoid a conviction and the penalties that come with it. Being convicted of a drug offense can result in high fines, jail time, and other penalties. In the long-term, a conviction for a drug offense can make it more difficult to obtain employment, housing, academic opportunities, and more.

Drug diversion programs have many benefits. Drug offenses are often the result of underlying mental health issues, such as addiction. Penalties such as jail time do not address these issues and so, drug diversion programs offer an opportunity for rehabilitation rather than using punitive measures.

PC-1000 

PC-1000 is a program that allows a deferred entry of judgment for offenders who are charged with certain offenses. Individuals must complete drug treatment in order to avoid jail time. Charges that qualify for this program are usually restricted to possession of a controlled substance or drug paraphernalia, or being impaired by a controlled substance. If you have been convicted of a previous drug offense or felony within the past five years, you are not eligible for PC-1000. Previous violent drug offenses also disqualify you from the program.

If you qualify, you are required to complete court-mandated treatment, rehabilitation, or education. These classes typically take about six months to complete and they are followed by one year of informal probation. You also cannot be charged with other drug offenses or fail a drug test during this time. If you successfully complete PC-1000, your charges are dismissed and the arrest will be sealed, meaning employers and others will not have access to it.

Proposition 36 

If you fail to complete PC-1000 or you are ineligible for the program, Prop 36 may still be an option. While Proposition 36 does not dismiss your charges, you can serve probation rather than jail time. Programs under Prop 36 are stricter and they last longer, usually about three years. The drug treatments, counseling, and testing requirements are all much stricter. Even if you violate the terms of your probation once or twice, you may still be able to remain in the program. However, a third probation violation will result in removal from the program and you will be sentenced for the original drug offense.

Our Drug Offenses Lawyer in San Diego Can Advise On Your Eligibility 

Diversion programs can provide great relief for those charged with a drug offense. At Anthony Z. Vargas, Esq., our San Diego drug offenses lawyer can advise on your eligibility for these programs and guide you through the process so your charges are dismissed and your freedom is protected. Call us now at 858-285-4595 or contact us online to schedule a consultation and to get the legal help you need.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1000.