Penal Code 1000 PC (California Penal Code § 1000) contains guidelines for California’s pretrial diversion program for drug crimes limited to simple possession. This program, formerly known as deferred entry of judgment (“DEJ”), offers many non-violent drug offenders the opportunity to obtain treatment and education instead of jail time.

Once the program is successfully completed, the presiding court dismisses the charges, eliminating any criminal record of the matter for most purposes. Unfortunately, not all qualifying defendants complete the program and face the consequence of having their charges reinstated.

As to simple possession, most controlled substances qualify for the program. Courts are less concerned with the nature of the substance than whether the offense is one of possession for personal use, and whether the defendant would derive any benefit from treatment for substance abuse.

A defendant’s participation in a PC 1000 pretrial diversion program may be terminated if:

  • The defendant fails to obtain drug treatment;
  • The defendant fails to comply with any condition of the program;
  • The defendant is convicted of any felony; or
  • The defendant is convicted of an offense that reflects a propensity for violence.

Any defendant participating in a pretrial drug diversion pursuant to California Penal Code § 1000 may be required to urinalysis to test for the presence of drug use. However, the results may only be used for the purpose of measuring compliance with the program and may not be used as the basis for new criminal charges, although it may result in the possible termination of pretrial diversion.

A prosecuting attorney, presiding judge, or probation department may file a motion to terminate the defendant’s participation in the pretrial diversion. The court will then have a hearing to determine whether termination of the defendant’s participation in pretrial diversion is warranted. If the judge finds evidence of any of the grounds listed above, i.e., that the defendant is performing unsatisfactorily in the program or that the defendant has subsequently been convicted of a crime, the original charges will be reinstated and the case against the defendant will proceed as it would have normally.

John Patrick Dolan has over forty years of experience working to help his clients obtain the best resolution possible when freedom and reputation are at stake. Call us today at (760) 775-3739 or find out more online here.

 

What Can Terminate A Drug Diversion Program?

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