Drug Diversion, “deferred entry of judgment” or “DEJ” (Penal Code § 1000) provides defendants with non-violent crimes that are drug related with the alternative of drug treatment and counseling.
Under the Drug Diversion alternative, the defendant who pleads guilty would be deferred and not entered in court while the defendant attends drug treatment program. If successful, the court will dismiss the case and make sure that the case will be entirely moved out of record.
It is one of the most success alternatives or diversion programs because it keeps the defendant free and make sure that he undergoes drug treatment that could help him stay clean.
The Process for Receiving Penal Code § 1000 Drug Diversion
The process needs the help of a lawyer where the defendant would need the assistance that he can get so he can apply for the program. It is done through any of the following steps:
The defendant would Penal Code § 1000 Drug Diversion from the prosecutor.
The prosecutor would then determine if the defendant is eligible.
The request is then presented to the judge.
The judge then decides if the program will be offered and the applicable terms and conditions that would be imposed to the defendant.
The defendant would then accept the terms and conditions.
The defendant would then plead guilty to the charge.
The entry of judgment would be deferred.
Eligibility for Drug Diversion
What makes a defendant eligible for the drug diversion program? The defendant must possess any of the following:
No prior convictions.
No probation applied for before the charge.
No parole revoked.
He has not been granted Drug Diversion in the previous 5 years
He has no felony convictions within the previous 5 Years
No violence is involved in the charge.
Drug-Related Charges Covered by Penal Code § 1000 Drug Diversion
The charge must be a “personal use” type charge under the following statutes:
H&S Code § 11357 – Marijuana possession (possession of marijuana with the intent to sell or sales of marijuana do not qualify for diversion)
H&S Code § 11358 – Cultivation of marijuana if the marijuana planted, harvested, dried or processed was for personal use.
H&S Code § 11364 – Possession of paraphernalia
H&S Code § 11365 – Aiding, assisting or abetting the unlawful use of controlled substances
H&S Code § 11365 – Presence during unlawful use of controlled substances
H&S Code § 11368 – Use of forged or altered prescriptions to obtain a controlled substance for personal use
H&S Code § 11377 – Possession of methamphetamine and other controlled substances
H&S Code § 11550 – Use or under the influence of controlled substances
Health & Safety (“H&S”) Code § 11350 – Possession of controlled substances and restricted drugs
Penal Code § 647(f) – Disorderly conduct while under the influence of a controlled substance
Penal Code § 653(d) – Solicitation to commit a controlled substance offense if the controlled substance was intended for personal
Please take note that not all drugs charges could use this program.
Dismissal of Charges under Penal Code § 1000 Drug Diversion
The best thing about this program is that after serving the treatment program and doing all of the terms and conditions provided for by the program, the defendant can then honestly answer that they were never arrested or convicted of the drug offense.
Of course, if the defendant does not successfully complete the drug diversion program, the court may choose to revoke the program, revoke the Drug Diversion treatment, and impose a sentence on the drug charge because after all, the defendant already admitted guilt.