California now has a “Pretrial Diversion” for certain Drug Crimes – California Penal Code 1000

By August 29, 2018News

Penal Code 1000 PC sets forth California’s pretrial diversion program for DRUG POSSESSION CRIMES. Formerly known as deferred entry of judgment, AS OF 2018,  PC 1000 was renamed as “pretrial Diversion”. Under this law and with the help of Michael P. Kade, Esq. a non-violent drug offender can now get treatment and related education instead of jail and a conviction.

Following successful completion of drug program diversion the related charges should be dismissed and the offender will not have a criminal record for most purposes.

Who is eligible for PC 1000 diversion?

To be eligible for PC 1000 pretrial diversion the charge(s) must generally be for simple possession of drugs — that is, possession for personal use only.

A defendant charged with selling or transporting a controlled substanceor possession of a controlled substance for sale is generally not eligible for pretrial diversion under Penal Code 1000.

What are the requirements for PC 1000 pretrial diversion?

The offense must be listed under Penal Code 1000 and the following conditions must be met:

  • Defendant must not have been convicted of a non-PC 1000 eligible drug crime within the previous five year
  • The charged offense(s) must not have involved a crime of violence or threat of violence
  • There cannot be any evidence pointing to a more serious drug crime such as sale or possession for sale and
  • The California criminal defendant must not have any felony conviction within the preceding five years.

Our California Criminal Defense Lawyers and in particular, Michael P. Kade, Esq. will fight for you. Call us at 310-870-8000.

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