So, what criteria allow you to proceed with the program?

Do You Qualify for Pretrial Drug Diversion?

You may be qualified for a drug diversion program if you’re a first offender, a non-violent offender, and you’re not charged with possession of drugs for sale.

You should discuss your situation with your lawyer to see what they think. However, it’s still up to the prosecutor to recommend you for treatment. If you’re accepted for drug diversion, keep in mind that the court must approve of the facility where you receive treatment. In addition, the program will last 12 to 18 months.

If accepted into a program, you’ll need to submit to drug testing and must be willing to pay for part of the treatment costs.

Penal Code 1000 and Pretrial Drug Diversion

Before 2018, penal code 1000–which references drug diversion–was called a deferred entry of judgment or DEJ. At that time, you had to enter a plea of “guilty” to take part in drug diversion. If you completed the drug treatment program, your charges were dismissed. However, if you did not complete the therapy, the court enforced the guilty charge.

Pretrial Drug Diversion: What the Law Currently Says

After 2018, the law was amended, and, today, the program is referred to as a pretrial diversion program. The revised law allows you to plead “not guilty” to your charges so you can receive drug treatment. 

Once you complete the program, the charges are dismissed. However, if you don’t follow through with the treatment, you’re still entitled to a trial.

This trial will be a bench trial. Therefore, you’ll have your case heard solely before a judge (not a jury). The judge takes on the role of the jury, determining the facts and ruling on evidentiary and procedural issues. He or she will then hear the evidence of your case, decide on the rulings, and render a verdict of guilty or not guilty.

Offenses that Apply to Penal Code 1000

Certain offenses allow you to take part in penal code 1000. These charges involve several health and safety codes, certain penal codes, and vehicle code 23222(b) (possessing cannabis in an open container inside a car).

Health and Safety Code Violations

Health and safety code violations that apply to penal code 1000 include:

• Possession of a controlled substance 
• Possession of cannabis
• Possession of drug paraphernalia 
• Being under the influence of a controlled substance 

• Aiding/abetting in the use of an illegal controlled substance
• Illegal possession of certain prescription sedatives
• Possession of methamphetamine for personal use
• Being under the influence of a controlled substance.

Penal Code Offenses

Penal code violations that allow you to take part in drug diversion include:

• Solicitation to commit another person to commit a crime so you can personally use narcotics (Penal Code 653f(d))
• Possessing a toxic substance for huffing (Penal Code 381)
• Lewd conduct is associated with being under the influence of a controlled substance (Penal Code 647(f))

Drugs Covered Under Penal Code 1000

At this point, you might be wondering which controlled substances PC 1000 covers. Drugs that fall under this statute include cocaine, heroin, peyote, ecstasy, gamma-hydroxybutyric acid (GHB), ketamine or “Special K,” marijuana, methamphetamine, some hallucinogenic drugs, such as PCP (phencyclidine), and prescription opioid drugs like hydrocodone (Vicodin) or codeine.

The 2 Key Elements the Courts Consider When Considering Diversion Sentencing

Therefore, the court is more inclined to consider pretrial drug diversion beneficial if a defendant used the drug (regardless of its type) for personal use. They will also rule in your favor if they believe you could truly benefit from drug treatment.

If you choose drug diversion over going to jail and are deemed eligible, you must forfeit your right to a speedy trial, a quick preliminary hearing, and a jury trial. However, before the court determines your eligibility for the program, it may ask that a probation officer review your case. 

Investigating Your Case Further

A probation officer will look over background information, such as employment records, education, family and community ties, previous controlled substance use, treatment history, if applicable, and other mitigating circumstances. 

No statements you make to the probation officer can be held against you. This info is only used to see if you’d benefit the most from treatment, education, or rehab.

If you elect not to take part in pretrial diversion or the court rules against the program, your right to a speedy pretrial hearing and a jury trial is maintained.

Contact Jance M. Weberman Law to Represent Your Drug Crime Defense Case Right Away

If you face drug charges, you need the best legal defense possible In California, you need to contact a professional drug crime defense attorney. To discuss your case, contact Jance M. Weberman today.

The post Drug Charges for First Offenders and California’s Drug Diversion Program appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Hiring a Local Lawyer Matters

Hiring a local lawyer when you are facing a drug charge in Los Angeles does matter to you. You want an attorney on your side that has a complete understanding of the regulations and laws relating to drug crimes in Calfornia and in Los Angeles specifically so that you know what you are facing. Different states and municipalities may have different regulations regarding crimes like this and the sentences that can be imposed for these crimes. Having someone on your side that has in-depth knowledge of the laws can have a big impact on the decisions made in your case.

Choosing a Lawyer with Experience

The drug crimes lawyer in Los Angeles you select should be someone that has deep experience with cases like yours. You may not have a great deal of time to look for an attorney, so it is important that you can narrow your choices quickly. Look specifically for lawyers that note that they specialize in drug cases and have experience in drug cases that can be relevant and helpful to you.

Arrange a Consultation with a Lawyer Quickly

You want to make sure you select a quality drug crimes lawyer in Los Angeles quickly so that you can start getting legal representation and assistance right away. When you need an experienced attorney with the insight that can help you the most, make sure to call us at the law office of Jance Mr. Weberman. You can arrange a consultation with Mr. Weberman by phoning us at 213-386- 9100 so that you can meet with him and discuss your case confidentially and learn what our law office can do to help you.

The post The Representation You Need Most from a Drug Crimes Lawyer in Los Angeles appeared first on Jance Weberman | Winning Los Angeles Lawyer.