Four Eligibility Requirements for PC 1000 Drug Diversion

 Posted on October 11, 2022 in Criminal Defense

If you are eligible for PC 1000, a pretrial diversion program for those with minor drug charges, it may provide an opportunity for you to keep your criminal record clean. For those who qualify, it may prove invaluable. If you successfully complete this diversion program, your charges will be dismissed. You will not have a conviction. To succeed in this program, you must commit to certain requirements, like seeking substance abuse treatment and staying clean and sober. There are also requirements for entering these programs. They are designed for people who use and possessed drugs and may benefit from treatment, not manufacturers or distributors.

For many eligible individuals, but not all, this will be their first interaction with the criminal justice system. If you believe that you are eligible for this drug diversion program, your attorney will likely advise you to take advantage of it in most situations. 

Four Conditions for Acceptance into PC 1000 Diversion

Four conditions that must be met in order to be accepted into the program relate to: 

• Prior drug conviction - If you were convicted of a drug crime that would not qualify for PC 1000 diversion within the past five years, you may be denied. For example, if you were convicted for selling drugs two years ago, you would likely not be eligible for PC 1000 now. 
• More serious implications - If there is evidence that you were also committing another, more serious, drug crime, you may not be eligible. This can remain true if you were not officially charged with or indicted for the more serious crime if there is some evidence of it. 
• Violent drug offenses - If any type of drug crime you are charged with includes circumstances related to violence or the threat of violence, you likely do not qualify for PC 1000. The program is not meant to provide an escape from conviction for violent offenders, as these crimes are seen as much more serious than simple drug possession. 
• Prior felonies - If you were convicted of a felony in the past five years, you are unlikely to qualify for this program. Repeat offenses are seen as more serious. 

This diversion program is generally only available to those charged with minor offenses related to the possession of an illicit substance for personal use, sometimes including the cultivation of cannabis for personal use. If you complete the program, you will be free to continue on free of a criminal record of this incident. 

Contact a Santa Clara County Drug Crimes Attorney

If you have been charged with a minor drug crime, Fuller Law Firm may be able to help you avoid a conviction using this program. Our skilled San Jose drug crime lawyers will strive to secure the best possible result for all drug crime defendants. Call 408-234-7563 for a free consultation. 

Source:

https://www.ojp.gov/ncjrs/virtual-library/abstracts/drug-diversion-1000-p-c-penal-code-california-1974