You may be eligible if you have been arrested for simple possession.
In 2017, people understand more than ever that drug addiction is a disease, rather than a choice. Our legal system is catching up with this reality, and now offers more alternatives to help people who have gotten caught in the cycle of addiction and dependency. One such program is California’s drug diversion program.
Under California’s drug diversion program, first-time nonviolent drug offenders are given the option to obtain a deferred entry of judgment so that they can obtain treatment and education instead of jail time. If they successful complete the program, the charges against them are dismissed, and they have no criminal record. However, according to a drug defense lawyer in Los Angeles, CA, not all defendants charged with California drug offenses will be eligible for this program.
As an initial matter, to participate in the drug diversion program, you must have a qualifying offense. These qualifying offenses include drug charges that involve possession of drugs for personal use, rather than possession for sale. In addition, the charged crime must not involve either the use or threat of violence.
Next, the court will look to your personal history. To qualify for the drug diversion program, you must not have any prior drug-related convictions, any prior revocations of probation or parole without completing the terms, participation in a prior drug diversion program within the past five years, or prior felony convictions within the past five years.
If you meet these two criteria — a qualifying offense and an appropriate personal history — then you may be eligible for California’s drug diversion program.
As your drug defense lawyer in Los Angeles, CA will tell you, the drug diversion program itself will generally require you to plead guilty to the charge or charges against you. Then the criminal charges against you will be suspended for a period of time while you participate in a drug rehabilitation program. The program must either be certified or otherwise deemed credible by the county drug program administrator. If you successfully complete the drug rehabilitation program, which should include a minimum of 20 hours of education and/or counseling, then the judge will dismiss the charge or charges against you. However, if you fail to complete the treatment, then the judge will impose the sentence on the charge.
A drug diversion program can be a great opportunity for a person struggling with addiction to get his or her life back on track after being charged with simple possession. If you have been charged with a drug crime, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn about the possibility of a drug diversion option. Our skilled drug defense lawyers in Los Angeles, CA can advise you of your full range of options for resolving your case, and will advocate for you to achieve the best possible outcome for your charges.
