California Penal Code 1000 creates a drug diversion program that allows certain offenders to avoid a criminal charge.
PC 1000 allows for a Deferred Entry of Judgment (DEJ). A DEJ requires that the person charged plead guilty to an offense. The sentencing, or the “judgment”, is then deferred for 18 months. The person charged must enroll and complete required drug education and awareness programs. They must provide proof to the courts that they have enrolled in classes.
They must then return on a later court date and show proof of completion to the court, negative drug test(s) and paid administrative court fees. If all has been completed successfully, and no other offenses have been committed the person is entitled to have their case dismissed. This means that they can legally deny having any convictions on their record. However, law enforcement will be able to view on your record that you have been charged with drug possession but have completed the program and have had your charges dropped. If the program is not completed successfully, the person will be sentenced and convicted.
PC 1000 gives several requirements that must be met in order to qualify for the DEJ. This will be upon recommendation and review of the prosecution who will suggest it as an alternative to sentencing. It is a one time deal only, you may not use it for multiple drug possession offenses.
A knowledgeable Los Angeles Criminal Defense attorney has obtained a DEJ for many clients and strives hard to get charges dismissed. With the help of an experienced attorney who can prepare the best possible argument for your case, you have a great chance of having your charges dropped!