California Proposition 36, also known as The Substance Abuse and Crime Prevention Act, is a type of Drug Diversion program that was passed by voters in November 2000. It changed State law to allow first and second, non violent simple drug offenders the opportunity to receive drug treatment education rather than incarceration.
Persons charged must complete a licensed or certified community drug education program as a part of their probation. If they fail to complete the program or violate any of the other terms of their probation, they will have to serve an additional sentence which may include incarceration.
Those that will not qualify as a candidate for Proposition 36 are those that have:
Been incarcerated within the last five years for a serious or violent felony offense
Been convicted in the same proceeding of a non-drug related offense.
During the commission of the offense been in possession of a firearm, and at the same time was either in possession of or under the influence of cocaine, heroin, methamphetamines or phencyclidine (PCP).
Two separate drug related convictions, have participated in Prop 36 twice before and are found by the court by clear and convincing evidence to be unamendable to any and all forms of available drug treatment. In cases such as these the charged will be sentenced to 30 days in jail.
A Southern California Criminal Defense Attorney has handled thousands of Drug cases and has gotten many client’s cases dismissed through drug diversion programs. Through years of practice the attorneys at Hoffman & Associates can prepare a powerful argument on your behalf to ensure that you qualify for a drug diversion program and increase your chances of avoiding any jail time!