Drug Crimes Are Eligible For The Deferred Entry of Judgment
People who have been charged with the drug crime of possession of an illegal drug may be eligible for the deferred entry of judgment program. If someone were selling drugs or committed another crime in addition to the crime of possession, then they would not be eligible. If someone is a major drug user, then they would not be suitable for a program that is designed to help the casual drug user.
If someone has previously been allowed to enter the deferred entry of judgment program, then it is unlikely that it would be offered to them a second time. However, there is a five-year washout period, meaning that a person would be eligible if five years have passed since picking up a possession charge or being offered the program.
Who Is Not Eligible For The DEJ Program?
People who have been charged with selling drugs or possessing weapons in addition to drugs would not be eligible for the DEJ program. If someone received a second drug conviction within five years of having received the first, then they would not be eligible for the DEJ program.
If someone committed other crimes in addition to and at the same time as possessing drugs or has struck on their record pursuant to the California three strikes law, they would not be eligible for the DEJ program.
In addition, anyone who the court has determined to be unsuitable for the program would not be eligible. Such determinations would be made based on the individual's overall criminal record, the circumstances of the case, and whether or not they posed a danger to the public in the commission of the particular offense at hand.
What Is Proposition 36 Under California Law?
The California voters passed Proposition 36, which allows serious drug offenders and users to have their criminal cases dismissed. If someone possessed a significant amount of drugs and was charged with possession of those drugs, then they could enter the Proposition 36 program.
They would then be evaluated, determining whether or not they need to enter a live-in program and, if so, for how long (30 days, 90 days, 180 days, or a year). If they have not had more than three violations or new arrests at the end of the program and probationary period, they would be eligible to have their case dismissed.
A person would not receive a conviction under Proposition 36 if the case were dismissed upon completing the program. Although there would be an initial guilty plea, sentencing, and sentence, the conviction would be removed from the record, and the case would be dismissed upon program completion.
This is different than a deferred entry of judgment whereby there is no conviction and no sentence given by the criminal court.
