Deferred Entry of Judgment for California Drug Crimes – Penal Code 1000
If you've been accused of certain California drug crimes, there's a potential path to avoid a jail or prison sentence. Our Los Angeles criminal defense law firm specializes in guiding clients through a drug diversion program, commonly known as deferred entry of judgment, offering a sense of relief in a challenging situation.
Our experienced defense lawyers are adept at helping you navigate your drug crime charges and providing useful information about available California drug diversion programs, instilling confidence in our clients.
It's no secret that a drug crime conviction can have life-altering consequences as criminal records can be accessed by employers. For undocumented immigrants, it could lead to deportation proceedings.
This means you need to take advantage of any opportunity to avoid a conviction for a drug crime or to have the charges reduced to a lesser offense. Our drug crime attorneys have experience negotiating alternative sentences to avoid jail time, such as California Penal Code 1000 Drug Diversion.
If you have been charged with a drug crime, call our law firm to review all the details of your case and start developing a strategy for the best possible outcome. We will also explain your legal options under the deferred entry of judgment, which allows you to get your drug charges dismissed without a conviction.
Our criminal defense attorneys have provided an overview below to give readers useful information about drug diversion options and deferred entry of judgment.
Drug Diversion – California Penal Code 1000
California Penal Code 1000, deferred Entry of Judgment (DEJ), is a program that allows some first-time drug offenders an opportunity to get their drug charges dismissed.
DEJ offers nonviolent first-time drug offenders the chance to undergo treatment and education instead of jail time. The significant benefit of DEJ is that upon successful completion, you can start anew with a clean record, instilling a sense of hope.
If you were arrested for a drug crime, call our Los Angeles criminal defense law firm to discuss your case and options. Depending on the details of your drug case – and a criminal record – we can provide you with information about eligibility for DEJ – along with potential defense strategies on the case.
What is the Process for Deferred Entry of Judgment?
If you meet DEJ eligibility requirements for DEJ, and obtain approval from the judge, you will have to enter a guilty plea in court to the drug charges. There are a few criminal courts in Los Angeles County that will allow a no-contest plea, but most require a plea of guilty.
Next, rather than the judge imposing a sentence after the guilty plea, the sentencing hearing is postponed – typically for three years. However, if you successfully comply with the terms for 18 months, many criminal court judges will grant you an early dismissal of the drug charges.
The judge will order you to complete affirmative obligations that may include a drug treatment program, regular drug testing, and community service. If you go back to court on the date of sentencing with all the obligations successfully completed, the judge will then permit you to withdraw your earlier guilty plea – and the drug case will be dismissed. This means you won't have a conviction on your record for the drug case.
What Are the Eligibility Requirements for DEJ?
It's important to note that only certain defendants will be eligible for DEJ, depending on the type of drug charge and their criminal history.
The charges need to be related to drug possession for personal use – meaning if you are charged with drug possession with intent to sell – you are not eligible for deferred entry of judgment – even with no criminal history. Your charges also can't involve any type of violence or threats of violence.
Common charges that are eligible for deferred entry of judgment include possession of a controlled substance under California Health and Safety Code 11350, Cultivation of marijuana for personal use under Health and Safety Code 11358, and under the influence of a controlled substance under Health and Safety Code 11550.
In addition to possession of marijuana, drug crime involving possession for personal use of heroin, methamphetamine, ecstasy, cocaine, and others could qualify for DEJ. Diversion is also normally available for California Penal Code 647(f), drunk in public cases.
When the judge is deciding on your DEJ eligibility, your criminal record is examined. You will not be granted DEJ if you have prior drug crime related convictions, revocation of probation or parole, participated in DEJ within the past five years, or any prior felony conviction within five years.
What are the Benefits of Deferred Entry of Judgment?
The primary benefit of deferred entry of judgment is the opportunity to get your drug charges dismissed – which allows you to answer “no” on applications for employment or others when you are asked if you have been convicted of a crime.
By law, judgment is only entered against you at sentencing – not at the time you pleaded guilty. This means once you successfully complete the DEJ program, your drug case is dismissed without a judgment being entered on your record. The initial drug crime arrest will be deemed a detention only.
It should be noted that in addition to DEJ under Penal Code 1000, there are other drug diversion programs, such as Proposition 36 and drug court. Consult with our law firm to determine which program is applicable to your drug charges.
What if I Don't Complete the DEJ Program?
You are responsible for your behavior in the DEJ program. It's an opportunity, not a legal right. We will not hold your hand and look over your shoulder to make sure you comply – neither will the court. Daily life decisions are your responsibility.
A wide range of situations will normally result in the court terminating deferred entry of judgment and then sentencing you to jail. This could lead to a criminal record and potential incarceration, which could have serious implications for your future.
Common situations include missing a scheduled court date, not regularly attending counseling, failing a drug test, getting convicted for a violence-related crime, or engaging in unlawful conduct.
How We Can Help You
If accused of a drug-related crime, you should contact our criminal defense lawyers to review the details and legal options. A conviction on your record can have life-altering consequences.
We have a track record of success in all types of drug crime cases and know drug treatment programs available under deferred entry of judgment that can give you a chance at avoiding a conviction.
We need to examine all the details to determine if you are eligible for DEJ. We can also discuss various defense strategies to achieve the best possible outcome in your case.
Cron, Israels & Stark is a criminal defense law firm with decades of combined experience. We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Call us for a free case evaluation at (424) 372-3112.
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