How To Pass Pc 1000 Drug Test

Today, I am going to explain California's pre-trial drug diversion program which is known as penal code chiliad.

In fact:

I regularly utilize this plan to have our eligible clients drug cases dismissed.

Let's get started…

In This Guide We'll Cover:

Overview Of Penal Code 1000

[Estimated read fourth dimension: 11 Minutes]

Penal Code 1000 refers to a disposition formerly called Deferred Entry of Judgment, but is currently chosen a pretial diversion where an eligible drug defendant asks to have their case suspended for 12 to 36-months while the defendant completes an canonical drug education or rehabilitation program.

Requirements Include:

A defendant may ask that he/she participate in an approved program in any California county.
These programs must assess the defendant and provide a minimum of xx-hours of drug education or rehabilitation.
Lastly, there must be a report, or go out conference, that reports on the accused'due south progress in the program.

What Happens If Y'all Successfully Complete The Programme?

One time you consummate the programme, the court is obligated to dismiss the drug charges confronting you lot.

The Benefits of Completing a Pretrial Diversion Program Are:

You may lawfully and truthfully state under oath or penalty of perjury on any awarding for employment, credit, rent, school or other document that you take never been arrested for the accuse or that you were granted a pretrial diversionⁱ.
Your abort recordcannot be used to impact your ability to obtain a professional license (e.g., real estate, constabulary, medical) or have adverse furnishings on your employment.

The simply exception is that yous must disclose your arrest and grant of a pretrial diversion if you utilize to become a police officer.

What Happens If The Court Determines You Failed The Program?

During your participation in a court-approved program, the court could make up one's mind that you are not fully participating or that another circumstance has arisen that has rendered you no longer eligible for the diversion.

This could include:

Yous are not attending the drug program
Your participation has been unsatisfactory
You are not benefiting from the program
You have been convicted of a felony
You have been convicted of a misdemeanor that reflects a propensity for violence (domestic violence or simple assault)
Yous have engaged in criminal conduct that makes you ineligible

A defendant may be removed from the program if he/she fails to complete the plan or commits a felony or misdemeanor involving violence².

If this occurs, then the accused may be removed from the program, convicted of the charged offense and sentenced.

Can DUI Offenders Participate In The Drug Diversion Programme?

If a person commits a DUI criminal offense that involves intoxication by drugs, this is considered a non-drug related criminal offense and the person is not eligible for Proposition 36. A DUI-Drug offender may be able to enter the pretrial diversion plan.

Where Do I Get A List of Approved Programs?

You can notice a listing of canonical programs at the courthouse.

Eligibility For DEJ

To be eligible for a DEJ, the court will review 2 factors:

#1. The underlying drug offense

#2. Your criminal history

Your criminal history is i of the ii eligibility factors in determining whether a pretrial diversion should be offered in your example.

The criteria involve the following:

You take no prior drug-related convictions
The subject drug law-breaking must be possession-related and non involve the sale of a controlled substance
The underlying charged crime must exist not-vehement or non incorporate a threat of violence^three
You accept no prior convictions for any felony criminal offence within 5 years of committing the underlying drug offense⁴
You lot have no history of previous parole or probation violations
You have not participated in a pretrial diversion programme or drug diversion plan in the past 5 years⁵.

What Offenses Are Eligible For The Drug Diversion Program?

In that location are a number of qualifying drug offenses nether Penal Lawmaking 1000.

The virtually common are:

Health and Safety Code 11377 and 11350 HS – personal possession of a controlled substance
Wellness and Safety Code 11357 HS – possession of less than one ounce of marijuana
Health and Safe Code 11358 HS – cultivation of marijuana
Health and Safety Code 11364 HS – possession of drug paraphernalia
Health and Safety Code 11368 HS – forgery of a prescription
Wellness and Safe Lawmaking 11365–knowingly being a place where drugs are existence used
Health and Condom Lawmaking 11550 HS – beingness under the influence of a controlled substance
Penal Code Department 647(f) PC – under the influence of drugs in public
Penal Code Section 653(f)(d)–solicitation of drugs or transportation for personal use
Vehicle Code Section 23222(b) VC – driving while in possession of marijuana
Business & professions Code 4060 BP – Possession of controlled substance

Examples Of Controlled Substances

Cocaine
Marijuana
Heroin
Methamphetamines
Ketamine
Gamma-hydroxybutyric acid
Ecstasy
Peyote
Hydrocodone (Vicodin)
Codeine
PCP

The Process for A Deferred Entry of Judgment

To begin the process of becoming involved in the California pretrial diversion programme, your attorney volition review your criminal history with the prosecutor.

As indicated above, the prosecutor volition look at the charged criminal offence for which y'all were arrested and your criminal record to see if you qualify⁶.

If you practise, a hearing will exist scheduled earlier a judge

Later on considering the criminal offence and your history, the gauge volition decide if all criteria have been met.

If you are establish eligible, the guess will explain the programme including your participation and successful completion of a drug pedagogy or rehabilitation program and the consequences of non-participation and completion.

A diversion program is now 12-xviii months, though a longer period may be requested.

You will and then be required to practice the post-obit:

Waive your jury trial rights.
Waive your speedy trial rights.
Pay a DEJ participation fee of not more $thousand.
Acknowledge that you will have to utilise for and participate in a courtroom-approved drug education or handling plan and be responsible for its costs.
Acknowledge that you understand that successful completion of the drug program will result in a dismissal of the subject field charge and that you may state under penalty of perjury that you were never arrested on this charge.
Acknowledge that if yous fail to complete the program within the prescribed time that you lot will be dismissed from the program and criminal proceedings against you will commence, however, y'all will non be entitled to a jury trial and your case volition proceed with a demote trial or a plea bargain.

Determining The Best Drug Program

The probation department volition take to appraise yous to make up one's mind the best drug plan for your needs. It will consider:

Age
Education
Employment and skills
Community and family unit connections
Drug history and prior efforts at rehabilitation and treatment

Are There Additional Programs?

The pretrial diversion program is not the only program or alternative available to drug offenders.

Another program is Proposition 36 constitute nether Penal Code Sections 1210-1210.1 and Penal Code Department 3063.1.

What Are The Differences Between a DEJ and Proposition 36:

Pretrial diversion allows defendants who take prior serious felony convictions to become eligible so long as they meet all the other requirements. This includes an offense for which you lot were given a strike nether California'south three strikes law. Proposition 36 volition not let such defendants in its program.
Pretrial Diversion applies to a wider range of drug offenses
If you plead guilty under Proposition 36, you are sentenced to formal probation and will have additional weather condition and restrictions imposed on you
Proposition 36 requires that y'all be sentenced and serve probation for 3 years. Drug treatment is determined by an assessment past a community program that could involve residential handling.
With a pretrial diversion, your deferment may last merely 12-months and you lot are non required to receive treatment in a residential plan.

California Penal Code 1001.xc(a) Any record filed with the Department of Justice shall signal the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion plan, the arrest upon which the diversion was based shall be deemed to have never occurred and the courtroom may issue an order to seal the records pertaining to the abort as described in Department 851.92. The divertee may betoken in response to any question concerning his or her prior criminal tape that he or she was not arrested or diverted for the offense, except as specified in subdivision (b). A record pertaining to an abort resulting in successful completion of a diversion programme shall not, without the divertee's consent, be used in any way that could result in the denial of any employment, benefit, license, or document. [↩]
California Penal Code 1000.iii(c) – If the court finds that the defendant is not performing satisfactorily in the assigned program, or the courtroom finds that the defendant has been convicted of a crime every bit indicated in subdivision (a), the court shall schedule the matter for further proceedings equally otherwise provided in this lawmaking. [↩]
California Penal Code 1000(2) – The criminal offense charged did not involve a crime of violence or threatened violence. [↩]
California Penal Code 1000(a)(4) – The accused has no prior felony conviction within 5 years prior to the declared commission of the charged offense. [↩]
California Penal Code yard(a)(1) – Within 5 years prior to the alleged committee of the charged crime, the accused has not suffered a conviction for whatever offense involving controlled substances other than the offenses listed in this subdivision. [↩]
California Penal Code one thousand.2(a). [↩]

Ms. Aizman is the founding attorney at Aizman Police House, an honor winning criminal defense attorney & one-time prosecutor for the city of Los Angeles. She regularly appears on CNN, Pull a fast one on News, HLN & CBS News to provide legal insight on various legal topics. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Clan & the National College of DUI Defense

Source: https://aizmanlaw.com/drug-diversion-programs-in-california/