California’s Pretrial Diversion Program for Individuals with Substance Abuse Problems in California

 Posted on November 15, 2021 in Criminal Defense

The California Health Care Foundation estimates that approximately 8 percent of California residents suffer from a substance abuse problem. Being addicted to drugs or alcohol is not something an individual chooses. Most drug addicts have seen firsthand just how destructive illicit substances can be. Many want to stop using these dangerous substances, but they cannot do so without help. Fortunately, California law has established diversion programs that focus on rehabilitation instead of punishment for drug offenders.

Alternatives to Jail for Low-Level Drug Offenses

If you or a loved one were arrested and charged with drug possession or another drug-related offense, you may be unsure of what to expect. The prospect of jail can be frightening for anyone. Furthermore, going to jail does not address the underlying drug addiction which likely led to the drug charges in the first place.

California understands that many people with substance abuse problems need professional help to stop using the substances. In some cases, individuals accused of low-level drug charges can avoid imprisonment by successfully completing a drug treatment program.

P.C. 1000 Pre-Trial Diversion Program

California Penal Code Section 1000 describes what used to be called the Deferred Entry of Judgment (“DEJ”) program. This program, now called P.C. 1000, allows an individual charged with a drug offense to attend treatment instead of going to jail. However, only those facing non-violent, first-time drug charges qualify for this program. You may not qualify for this program if you have other drug offenses or felonies on your record.

You may qualify for P.C. 1000 if you were charged with:

• Being under the influence of a controlled substance
• Possession of a controlled substance
• Possession of drug paraphernalia
• Unlawful possession of cannabis
• Aiding or abetting the use of an illegal controlled substance
• Lewd conduct related to drug use
• Possessing or using a fake prescription to obtain drugs
• Soliciting someone to commit a crime to enable narcotics use
• Certain marijuana-related offenses

Those participating in P.C. 1000 must attend drug treatment for 18 months. If you complete the program and avoid re-offending, the charges against you are dismissed. However, if you do not complete the program, you may be found guilty of the offense and subject to criminal penalties including imprisonment.

Contact a Santa Clara County Drug Crime Defense Lawyer

If you or a loved one were charged with a drug crime in California, you have options. Contact San Jose criminal defense attorney Cory Fuller from the Fuller Law Office to learn more. Call us at 408-234-7563 today for a free, confidential consultation.

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1000.

https://www.chcf.org/wp-content/uploads/2018/09/SubstanceUseDisorderAlmanac2018.pdf