Under California Penal Code 1000, certain persons charged with drug related cases are able to get their case dismissed through the completion of drug education and awareness programs.
This section applies only to first time offenders if they meet certain requirements.
In order to qualify, the charge being brought against you must be one of the specific California Health and Safety Code sections mentioned in Penal Code §1000, as well as meeting a list of criteria outlined in the same section.
Firstly, the person charged may not have any prior offenses regarding controlled substances. The offense they have been charged with may not involve any kind of violence or threatened violence. Any kind of charge involving bodily injury, or even an aggravated assault will render a person ineligible for the drug diversion program. Furthermore, there can be no evidence of a narcotics charge or restricted dangerous drugs other than those sections listed under Penal Code §1000.
The person requesting the benefits of PC 1000 may not have any record of probation or parole being granted and thereafter revoked. Additionally, there may be no indication on the person’s record that they have successfully completed or been terminated from a drug diversion program within 5 years prior to the alleged commission of the offense. Lastly, there can be no prior felony charge within 5 years of the charge for which a Drug Diversion program is being requested for.
Prosecution will review the requirements, the charged person’s past record and background and arrive at a decision whether they qualify for PC 1000. If they qualify, the Prosecution will prepare a written declaration to the court and to both parties giving notice so that a Deferred Entry Judgment hearing date can be set.
An experienced Los Angeles Criminal Defense attorney who has been practicing in Southern California for over thirty years has not only acquired a wealth of knowledge regarding drug cases, but has built a solid reputation among Judges and Prosecutors in the Southern California area. With this expertise they are able to prepare a powerful argument and give you the best possible chances in qualifying for PC 1000 and having your case dismissed!