Drug Diversion Program in California - Penal Code 1000 PC
Penal Code 1000 PC is California's pretrial diversion program for drug crimes involving simple possession for personal use. The program allows many non-violent drug offenders to receive treatment and education in lieu of jail time. After successful completion of drug diversion, the charges are dismissed, leaving no criminal record for most purposes.
PC 1000 is called deferred entry of judgment for drug crimes, which gives people who have been charged with possession of narcotics an opportunity to avoid a conviction upon successful completion of a one-year program followed by a probationary period.
The probationary period is usually set for three years but will be reduced to 18 months if no subsequent arrests have occurred. The beauty of Penal Code Section 1000 is that if a person can complete the program, they will not only avoid a conviction but will end up with a dismissal of everything and a clean record, offering a fresh start and a chance to move forward positively.
Who Is Eligible For This Program?
Eligibility for the Program To be eligible for the Penal Code Section 1000 deferred entry of judgment, you must not have prior possession or selling charges and no additional charges attached to the charge of possession. Typically, there is a five-year washout period, meaning the court will look back five years to see if the person was offered the program within that period.
The program is designed for people who do not have a lengthy or severe criminal record, have never sold drugs before, have no weapons, and are not harming society or themselves. The goal of the program is to help these types of people escape the vicious cycle of drug use and have the opportunity to maintain a clean record.
The program is easy if a person does not continue to violate its conditions and requirements. If they do, they will have a conviction and possibly jail time.
The program's levels really come into play once someone has violations, additional arrests, or absences. For someone serious about completing the Penal Code Section 1000 drug program, doing so is pretty simple. Most clients tell me it was just a matter of keeping pace with the course, being vigilant, and finishing it correctly, providing a sense of reassurance and confidence in the process.
Violating Drug Diversion Programs
Consequences of Violating Drug Diversion Programs for most drug programs in LA County, a person must plead guilty before being admitted. If they violate the program, they will be sentenced to the maximum sentence for the crime to which they pled guilty.
This means that if someone pled guilty to a felony and violated the drug program, then they could face three years of prison or jail time. If someone pled guilty to a misdemeanor and violated the drug program, then they could face one year in jail. In addition, a person who contravenes a drug program runs the risk of losing the benefit of having their case eventually dismissed.
To determine which diversion program in LA County best suits their circumstances, they should speak to a criminal defense attorney who handles many drug cases in LA County. When I meet with clients, I discuss their background, current employment situation, whether or not they are attending school, and the details of any prior criminal convictions they've received, providing them with the necessary support and guidance.
I will also ask questions regarding prior drug use and whether or not they believe they need help to stop using drugs. If someone insists that they are not addicted to drugs and do not want to participate in a drug program, then I will help them come up with a different solution.
We always aim to keep a client's record as clean as possible and set them up for success. LA County probation departments and various other entities have the means to help people find programs that make sense for them, give them a good chance of success, and allow them to avoid going to jail.
