COVID-19 UPDATE: Virtual and Phone Consultations Available in All Cases - We Offer Payment Plans - Learn More

Avvo Rating
Expertise
OCBA
State Bar of California
Featured in huffpost Live
Super Lawyers
Best Attorney

PC 1000

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:
  1. 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.

  2. 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.
The difference between PC 1000 and other California drug diversion programs

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

  1. More drug-related offences are covered under PC 1000.
  2. 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.
  3. Under Prop 36, you are placed under probation after pleading guilty
  4. There’s no automatic dismissal of charges under Prop 36; the court must enter a decision.
  5. 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.

Client Reviews
★★★★★
Lauren Johnson was amazing. She explained everything in ways that were easily understood, & answered all of my question. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson would be my first recommendation to any of my family or friends similarly in need of legal assistance. - Heather
★★★★★
I researched a lot of attorneys and had met with two attorneys before speaking with Ms. Johnson and retaining her. I was facing serious charges that could not be on my record, due to my job and was really scared. I felt hopeless & thought my life was ruined...until I found Ms. Johnson... - A criminal defense client (drug case)
★★★★★
She is on point. She knows her field well. I have to give credit where credit is due, you deserve it Lauren Johnson... - Anonymous, Victim of Domestic Violence
★★★★★
Lauren K. Johnson was my saving grace. I naively thought you were innocent until proven guilty. However, I soon discovered that CPS and family court does not see things that way... - Mrs. G, a CPS client
★★★★★
Thank you Lauren for your help and support in a very scary, bad time in my life! You were a ray of sunshine in a very dark place. I didn't have to step foot in a court room once, Lauren was there for me... - JB A criminal client