Fuller Law Firm
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408-234-7563
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Low-level drug crimes are one of the most common types of criminal charges in California. Recent changes in state laws have reduced the penalties for some drug crimes while increasing others. Drug diversion programs provide an alternative to convictions for some non-violent drug charges, but not everyone is eligible for these programs.
Participation in a diversion program has several advantages. Our knowledgeable Palo Alto, CA criminal defense lawyer will help you verify whether you are eligible and work toward the best possible outcome for your drug charges.
If you qualify, a drug diversion program could help you avoid a conviction and jail time. These programs have different requirements, but either is better than a conviction. Convictions can mean jail time, fines, and other penalties. The long-term effects of a conviction could limit your employment or housing opportunities, along with other consequences.
This deferred entry of judgment program allows first-time drug offenders who are charged with certain crimes to complete drug treatment rather than going to jail. Qualifying charges are usually limited to possession of drug paraphernalia or a controlled substance, or being under the influence of a controlled substance. If you have had a felony or drug conviction within the last five years, you are ineligible for PC-1000. A past violent drug crime also disqualifies you.
If you qualify, you will undergo rehabilitation, treatment, or education mandated by the court. The classes usually last for around six months, with 12 months of informal probation following. During this time, you cannot fail drug tests or be charged with additional drug crimes. If you complete the PC-1000 program satisfactorily, your arrest will be sealed and your charges dismissed.
If you are not eligible for PC-1000, or if you fail to complete that program, Prop 36 may be an option. Your charges would not be dismissed, but you would receive probation rather than a jail sentence. Prop 36 programs may last for three years and require stricter testing, counseling, and drug treatment.
You may be allowed two probation violations. The court may allow you to remain in your Prop 36 program. However, if you have a third violation, you will be removed from the program and sentenced for your original drug crime.
Many times, drug crimes are the result of addiction or underlying mental health issues. Punishment through conviction does not address those issues. Upon release, the individual may go right back to their past behaviors.
Diversion programs focus on rehabilitation, treatment, and support. By addressing the root causes of criminal behaviors, these programs are more likely to help offenders break their habits and turn their lives around.
At Fuller Law Firm, we truly believe that everyone deserves a second chance. A diversion program instead of jail time can help you get your life back on track. Speak to our dedicated Fremont, CA criminal defense lawyer to learn more during a free consultation. Contact us online or by calling 408-234-7563 today.
408-234-7563From our office in San Jose, California, we serve clients throughout the Bay Area, including but not limited to Campbell, Los Gatos, Cupertino, Santa Clara, Sunnyvale, Gilroy, Morgan Hill, Los Altos, Palo Alto, Saratoga, Milpitas, Mountain View, Fremont, Stanford, Union City, and Santa Clara County.
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