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 really be suitable for a program that is designed to help the casual drug user.
If someone has previously been given the opportunity 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, which means that if five years have passed since picking up a possession charge or being offered the program, then a person would be eligible.
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 have strikes on their record pursuant to the California three strikes law, then 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?
Proposition 36 was passed by the California voters and gives serious drug offenders and users an opportunity to have their criminal case 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 and a determination would be made as to 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 at the end of the program and probationary period they have not had more than three violations or new arrests, then they would be eligible to have their case dismissed.
A person would not receive a conviction pursuant to Proposition 36 if the case were to get dismissed upon successful completion of the program. Although there would be an initial guilty plea, sentencing, and conviction, the conviction would be removed from the record and the case would be dismissed upon completion of the program. This is different than a deferred entry of judgment whereby there is no conviction and no sentence given by the criminal court.
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