Alternatives to Sentencing in Drug Possession Cases
Penal Code Section 1000 and Proposition 36
In California, there are several alternatives to going to jail for simple drug possession cases. California Penal Code 1000 and Proposition 36 are two types of diversion programs that defendants charged with drug possession may be eligible for.
Deferred Entry of Judgment – P.C. 1000
Fresno, CA 93706. For more information, please call (559) 513-1182. TRANSFORM FRESNO This project has been made possible by financing from California Climate Investments (funded through the Greenhouse Gas Reduction Fund) Transformative Climate Communities Program through the Strategic Growth Council. California amended Penal Code § 1000 to create pretrial diversion with the goal of permitting all residents, including noncitizens, the opportunity to safely take advantage of a diversion program. The goal is to ensure as much as possible that there are no immigration consequences. County of Fresno DEPARTMENT OF PUBLIC HEALTH Promotion, preservation and protection of the community’s health 1221 Fulton Street /P. Box 11867, Fresno, CA 93775 (559) 600-3200 FAX (559) 600-7687 The County of Fresno is an Equal Employment Opportunity Employer www.co.fresno.ca.us www.fcdph.org HEALTH OFFICER ORDER FOR COUNTY OF FRESNO. FRESNO, Calif. Fl studio keyboard shortcuts not working. (KSEE) – The three Fresno businesses that were fined for allegedly remaining open during the city’s emergency order to shelter in place are temporarily closed. All three are.
Under California Penal Code Section 1000 (“P.C. 1000”), a defendant accused of possession of a controlled substance may be eligible for a drug diversion program. Under P.C. 1000, the Deferred Entry of Judgment (“DEJ”) program allows the defendant to enter into a drug treatment program in lieu of going to jail.
To be eligible for P.C. 1000, the defendant should be a first time offender and not have any offenses involving controlled substances on his/her record. In addition, the charged offense must not involve violence; the defendant’s record must not have any revocation of probation or parole; the defendant must not have any felony convictions within five years prior to the charged offense. A determination will be made by the prosecution on whether the program will be appropriate for the defendant.
If the defendant wants to enter the program, the defendant must plead guilty to the charge. However, the defendant will not be sentenced. Sentencing will be delayed pending the completion of the program. The defendant will take a series of classes focused on drug treatment for 18 months. If the defendant successfully completes the program, and stays out of trouble with law enforcement, the criminal charge will be dismissed.
Note, if the defendant fails to complete the program, the charges will not be dismissed and the defendant will be sentenced and go to jail.
DEJ applies to California Health and Safety Code Section 11350, 11357, 11358, 11364, 11368, and 11377. It also applies to California Vehicular Code 23222(b), California Penal Code Section 381, 647(f) and 653f (d), and the California Business and Professions Code Section 4060.
Contact Wallin & Klarich Today
It is important you talk to a criminal defense attorney if you are facing drug charges. At Wallin & Klarich, our attorneys have over 30 years of experience in handling drug cases. We will help guide you through your options and help you better understand DEJ and how it works.
Contact us at (877) 466-5245. We will be there when you call. You can also visit our Proposition 36 – California Penal Code Section 1210.1 section. Proposition 36 may be another option available to you.
Pc 1000 Program
PC § 1000 & Deferred Entry of Judgement
Explained by San Diego Defense Attorneys
An individual that is found under the influence or in possession of drugs may be able to complete an educational and counseling program and have their case dismissed and sealed. This program is colloquially known as “PC § 1000 Drug Diversion”.
What is Drug Diversion?
In 2000, Californians recognized that putting drug users behind bars was a losing game. Drug use was slowly being viewed as a clinical issue instead of a crime. In response, we passed “Proposition 36” that gave nonviolent, first offenders the ability to court overseen rehabilitation instead of time behind bars. The program was successful and in response, the legislature passed California Penal Code 1000 an even more beneficial program for defendants caught under the influence of drugs or in possession of usable amounts of drugs.
What Cases Qualify for Drug Diversion?
In order to qualify for Drug Diversion or PC § 1000, the charge must be one of those listed in California Penal Code § 1000.
Health & Safety
- Section 11350 – Possession of Controlled Substance
- Section 11357 – Possession of Marijuana
- Section 11364 – Possession of Drug Paraphernalia
- Section 11365 – Knowingly in Drug Use House or Location
- Section 11377 – Personal Possession of Controlled Substance
- Section 11550 – Under Influence of Controlled Substance
- Section 11358 – Marijuana Cultivation
- Section 11368 – Using Forged Perscription to Gain Drugs
What Must Be Shown?
In order to be granted PC § 1000 or drug diversion, we must show the following:
- the Defendant has no previous controlled substance offense conviction,
- the Current Charged Offense didn’t involve violence or threatened violence,
- the Current Charged Offense only involved drugs listed above,
- the Defendant’s Record doesn’t show within the past 5 years a successful PC 1000 or unsuccessful PC 1000,
- the Defendant had no felony conviction within the past 5 years.
PC § 1000 Programs
The programs that one can complete must be certified according to California Law. San Diego has 6 locations within the county. In order to attend one, the Defendant must get a “court referral”.
Central San Diego County
Mental Health Systems (MHS) Central PC 10003340 Kemper Street, Suite 105
San Diego, CA 92110
PH: 619-523-8121Mental Health Systems (MHS) Central East PC 1000
6244 El Cajon Boulevard, Suite 15
San Diego, CA 92115
PH: 619-287-8225
East San Diego County
McAlister Institute (MITE) East County PC 10001365 N. Johnson Avenue, Suite 111
El Cajon, CA 92020
PH: 619-440-4801 Ext. 121
North San Diego County
Mental Health Systems (MHS) North Island PC 1000620 North Ash Street
Escondido, CA 92027
PH: 760-741-7708McAlister Institute (MITE) North County PC 1000
2821 Oceanside Boulevard
Pc 1000 Program Fresno County
Oceanside, CA 92054South San Diego County
McAlister Insitute (MITE) South Bay PC 10001180 Third Avenue, Suite 3
Chula Vista, CA 91911
PH: 619-422-3918
What Can An Attorney Do?
Our attorneys have successfully helped defendants get accepted and complete California Drug Diversion under PC § 1000. In some cases, we may be able to dismiss the charges without having to complete drug diversion.
Our Service: Felony Court Representation includes representing the defendant in front of the District Attorney and Court.
On all criminal cases we offer a Free initial consultation. This is your chance to gain candid advice on potential outcomes and implications of your criminal charge. You will meet with our attorneys, go over the facts of your case, relevant law and San Diego procedures. You will leave with a checklist of items we feel will take your case to a successful outcome.
Scott Hullinger, Esq.
San Diego Criminal & Civil Attorney