Orange County Criminal Lawyers
Penal Code 1000, also known as deferred entry of judgement (DEJ), is one of several ‘diversion’ programs that allow defendants charged with non-violent drug offenses to be ‘diverted’ into rehabilitation as opposed to being tried in a normal court and serving time.How PC1000 (DEJ) works
Under DEJ, you have to first plead guilty to the drug offense. The judge will then assess whether you are a suitable candidate for drug diversion. If the judge determines that you are, the criminal proceedings against you will be suspended and you will be asked to attend a drug rehabilitation program for a period of between 18 months to 3 years.
Though the judge can refer you to a drug diversion program of your choosing, all programs must be credible and meet the following criteria:
- They must assess you during admittance
- They must offer at least 20 hours of education or counselling
- After you complete rehabilitation, the program should conduct an exit assessment to show your progress during your participation in the program.
After you successfully complete DEJ, the judge will dismiss the charges against you and, depending on your circumstances and the future employment you pursue, you may also get the right to say that you have never been arrested for or charged with a drug offense by way of expungement later in the legal process. You may elect to speak with an employment attorney to ensure you have the best available information.
If you don’t participate in or complete a court-ordered drug diversion program, the judge has the option to require you serve time in jail.Eligibility for DEJ is based on:
- The crime you are charged with
What you are charged with must be specifically covered under PC1000. These drug crimes generally involve:
- Possessing drugs for personal use. If you possess for sale or if you actually sell the drugs, then you are likely not eligible. However, it is best consult with a criminal lawyer to make sure there aren’t other options open to you.
- Your offense should not be violent and you should not have threatened anyone with violence.
The most common crimes are violations of California health and safety code (HS). There are also cases involving violation of vehicle code 23222 and California's drunk in public law Penal Code 647.
- Your criminal history
In addition to the crimes you are charged with, certain factors about your criminal history must be taken into account. These include:
- Prior drug charges,
- Previous fulfillment of all the conditions of your probation,
- 5 years must have passed since your last rehabilitation treatment,
- You cannot have been convicted of a felony within 5 years of your current charges.
Besides PC 1000, there are two other drug diversion programs: proposition 36 and drug court.
Pc 1000 differs in the following ways with Proposition 36
- More drug-related offences are covered under PC 1000.
- Even with record of a violent or serious felony, you are eligible for PC 1000 as long as those crimes did not happen within the last 5 years.
- Under Prop 36, you are placed under probation after pleading guilty
- There’s no automatic dismissal of charges under Prop 36; the court must enter a decision.
- You get automatic sentencing under the provisions of Proposition 36 but with PC1000, the court decides if you are eligible for diversion.
PC 1000 differs in the following ways with Drug Court
You don’t have to plead guilty to get into a Drug Court diversion program. The proceedings are suspended and if you don’t complete the program, the charges will be reinstated and you’ll be charged in a normal court proceeding.