Many people do not realize how harsh the laws can be for a person who is illegally holding or selling prescription drugs in the state of California. Serious charges can be filed, and jail time is a real possibility. That said, there are other options. Many people wonder about drug diversion programs. Read on to find out what they are, how they work, and whether you are likely to qualify. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
How many people are using prescription drugs illegally?
Many people would be shocked to learn just how many people are illegally using prescription drugs. According to the National Institute on Drug Abuse, 20% of people in the U.S. are either now using or have used prescription drugs for non-medical purposes. With numbers this high, it makes sense that there would be alternatives to jail.
There are a number of drug diversion programs you may qualify for
In the state of California, there are a few different drug diversion programs. Two common options include Proposition 36 and Penal Code 1000. In most cases, a nonviolent drug offender is going to get more benefit from being treated and gaining education than they would by going to jail and coming out with a criminal record that makes it difficult or impossible to obtain gainful employment.
Do you qualify for California’s diversion program?
In order to qualify for Penal Code 100 (also known as deferred entry of judgment) you must meet numerous requirements. If you do meet those, then you are diverted out of the criminal system and instead go into a drug rehabilitation program – and avoid jail in the meantime. In order to be eligible you must be a first-time offender and not have a single drug crime offense on your record.
The charge you are facing cannot be a violent criminal charge. You must not have any history of having probation or parole revoked, you must not have a felony conviction in the last five years, you must take drug-treatment classes for a year and a half, and you must plead guilty to the charge. If you qualify and are granted this option, then sentencing is delayed until the program is completed. If all terms are met, then the charges are dismissed.
Call us now to get more information
Note that there are always exceptions to the rule. Likewise, just because you meet the requirements as set out above does not mean you will automatically qualify. We can give you general information online but when you work with us for a consultation, we can give you information based on your actual case. Reach out to Chambers Law Firm at 714-760-4088 and let us begin the process. You are not in this alone and you do have options. Call us now to find out what they are.
