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Penal Code 1000 PC - Drug Diversion Program California

PENAL CODE 1000 PC – DRUG DIVERSION PROGRAM CALIFORNIA 

Los Angeles Criminal Defense Lawyer

Penal Code 1000 PC is a law in California that allows for “pretrial diversion” for individuals facing low-level drug crimes. If someone is eligible for PC 1000 diversion California, they can plead not guilty and have their charges dismissed if they successfully complete a drug treatment program. However, if they fail the program, they will not be automatically found guilty. They will still have the right to a trial in front of a judge, known as a California “bench trial“.

Some of the controlled substances covered by the aforementioned laws in the United States include:

  • Cocaine
  • Heroin
  • Peyote
  • GHB
  • Ecstasy
  • Ketamine
  • Methamphetamines
  • Marijuana
  • Certain hallucinogenic substances like PCP
  • And prescription opioids such as codeine and hydrocodone (Vicodin).

In general, when it comes to these substances, the main concern for the court is whether the offense involves possession for personal use and whether the individual would benefit from drug treatment. The court takes into consideration the circumstances surrounding the case, the individual’s drug use history, and the potential for rehabilitation and successful completion of a drug treatment program.

TYPES OF OFFENSES COVERED UNDER THE PROGRAM

The offenses that allow you to participate in California PC 1000 pretrial diversion are:

  • Health & Safety Code 11350 – possession of a controlled substance
  • Health & Safety Code 11357 – unlawful possession of cannabis
  • Health & Safety Code 11364 – possession of drug paraphernalia
  • Health & Safety Code 11365 – aiding or abetting the use of an unlawful controlled substance
  • Health & Safety Code 11375(b)(2) – unlawful possession of certain prescription sedatives
  • Health & Safety Code 11377 – possession of methamphetamines for personal use
  • Health & Safety Code 11550 – being under the influence of a controlled substance
  • Vehicle Code 23222 (b) – possessing an open container of Cannabis in a motor vehicle
  • Health and Safety Code 11358 – unlawful cultivation of Cannabis for personal use
  • Health and Safety Code 11368 – possessing or using a forged prescription to obtain drugs for personal use
  • Penal Code 653f(d) – soliciting someone to commit a crime to facilitate your personal use of narcotics
  • Penal Code 381 – possession of toxic substances for “huffing,”
  • Penal Code 647 (f) – lewd conduct related to being under the influence of a controlled substance
  • Business and Professions Code 4060 – possession of a controlled substance
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WHO IS ELIGIBLE FOR THE PRETRIAL DIVERSION PROGRAM?

To be eligible for pretrial diversion under Penal Code Section 1000 PC in the United States, certain conditions must be met:

  • The individual should not have a previous conviction for any offense related to controlled substances, except for the offenses specified in the statute, within five years prior to the alleged commission of the charged offense.
  • The offense for which the person is charged should not involve any act of violence or the threat of violence.
  • There should be no evidence of simultaneous violation involving narcotics or restricted dangerous drugs, except for the violations listed in the statute.
  • The person should not have any prior felony convictions within five years prior to the alleged commission of the charged offense.

Meeting these requirements is crucial in order to qualify for the pretrial diversion program under California Penal Code 1000 PC. The current charges do not involve allegations of narcotics possession for sale, production, or manufacturing.

HOW DOES A DRUG TREATMENT PROGRAM WORK?

  • Assessment for Eligibility: Once charged, a defendant’s eligibility for diversion under Penal Code § 1000 is assessed based on the criteria mentioned above.
  • Court Approval: If deemed eligible, the court may suspend criminal proceedings and approve the defendant’s participation in a drug treatment program.
  • Completion of the Program: The defendant must successfully complete the drug treatment program as prescribed. The duration and specifics of the treatment vary based on individual needs and program requirements.
  • Dismissal of Charges: Upon successful completion of the treatment program, the court will dismiss the drug-related charges against the defendant, effectively avoiding a criminal record for the offense.
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ALTERNATIVE DRUG DIVERSION PROGRAMS

In California, there are several drug diversion programs available in addition to the pretrial diversion under Penal Code 1000 PC. These programs aim to provide alternative options to traditional criminal prosecution for individuals with substance use disorders. Here are some of the drug diversion programs in California:

  • California’s Prop. 36
  • California drug court
  • Los Angeles County drug court program
  • San Francisco’s “back on track” program
  • Military diversion
  • Mental health diversion

These drug diversion programs in California offer opportunities for individuals to address their substance use disorders, receive treatment, and make positive changes in their lives to reduce the likelihood of future criminal behavior.

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you or someone you know is facing drug-related charges and is interested in exploring the option of California’s Drug Diversion Program under Penal Code 1000 in Los Angeles County, it’s crucial to have experienced legal representation. The right attorney can make a significant difference in navigating the complexities of the legal system and ensuring the best possible outcome.

The Criminal Defense Attorney at Tabibnia Law Firm brings over 19 years of experience in defending drug crime cases. With a deep understanding of California’s drug laws and a commitment to providing personalized, effective defense strategies, the attorney at Tabibnia Law Firm is well-equipped to help clients take advantage of programs like Penal Code § 1000.

Don’t let drug charges define your future. For expert legal advice and representation, reach out to the Criminal Defense Attorney at Tabibnia Law Firm. You can call to schedule a consultation at 866-713-2159. Take the first step towards protecting your rights and exploring your options under California’s Drug Diversion Program.

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Tabibnia Law Firm is serving its clients throughout Southern California including Santa Monica, Los Angeles, Orange County, Beverly Hills, San Fernando Valley, Ventura county, Riverside County, Sherman Oaks, Encino, Pasadena, Burbank, Glendale, Long Beach, Palmdale, Santa Clarita, Monterey Park, La Puente, Van Nuys, Pomona, Manhattan Beach, West Covina, Whittier, Downey, Woodland Hills, Norwalk, Torrance, Redondo Beach, San Bernardino, Walnut Creek, Inglewood, Lancaster, Westlake Village and nearby areas.

FAQ

How long does drug treatment last under PC 1000?

Under PC 1000, the duration of drug treatment as part of pretrial diversion typically ranges from 12 months to 18 months. However, if there is a valid reason, the court may grant an extension to complete an approved drug treatment program.

What drug treatment providers can I use under pretrial diversion programs?

You have two options for drug treatment providers:

  • Certified programs: These programs are certified by the county drug program administrator as per Chapter 1.5 of Title 8 of the California Penal Code (starting with Penal Code Section 1211).
  • Credible and effective programs: These programs provide services at no cost to you and have been deemed credible and effective by both the court and the county drug program administrator.

You can request to be referred to a program in any county as long as it meets these criteria.

Are DUI offenses eligible for PC 1000 diversion?

DUI offenses typically do not qualify for diversion under PC 1000, focusing instead on low-level drug possession cases.

What happens if you fail the PC 1000 program?

Failure in the PC 1000 program results in resuming criminal proceedings, but participants retain the right to a trial.

Can violent drug offenders apply for PC 1000?

Violent drug offenders are ineligible for PC 1000, which is reserved for non-violent, low-level drug possession cases.

Does PC 1000 cover possession of all controlled substances?

PC 1000 covers specific controlled substances for personal use, excluding cases of possession for sale or manufacturing.

Can minors participate in the PC 1000 diversion program?

Minors charged with eligible offenses may participate in PC 1000, subject to the same eligibility criteria as adults.

Is cannabis cultivation eligible for PC 1000 diversion?

Personal use cannabis cultivation charges may qualify for PC 1000, promoting rehabilitation over incarceration.

What is the difference between Proposition 36 and PC 1000?

Proposition 36 mandates drug treatment instead of incarceration for certain non-violent drug offenders, differing from PC 1000’s pretrial diversion focus, which allows for charge dismissal upon successful treatment completion.

What is deferred entry to judgment in California?

Deferred entry of judgment in California allows eligible drug offenders to enter a guilty plea and complete a drug treatment program, after which the plea is withdrawn and charges dismissed, similar to PC 1000 but with distinct procedural steps and eligibility criteria.

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

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