If you have been accused of possessing drugs in Southern California, you may have an alternative to serving time in jail. Instead of a jail sentence of up to a year, you could have the option to go through treatment and even erase the conviction completely.
You’ll want to speak to a qualified Southern California drug crimes defense attorney like Dan E. Chambers about your particular situation, but you may have more options than you realize.
What are my alternatives to jail?
If you are caught with narcotics or having prescription drugs without a valid prescription, you could be looking at year of jail time and more if that wasn’t your only offense. Fortunately, possession of marijuana for personal use is no longer a misdemeanor in California, just an infraction. If you don’t have a prescription and are caught with less than an ounce of marijuana, you will only get a fine of up to $100.
But even for other drugs, courts now recognize that treatment for substance abuse problems is a better alternative to incarceration. Two California programs, Prop 36 and Prop 1000, provide unique options for different drug crimes committed by non-violent offenders. An attorney can advise you about which program will work best for you.
Prop 1000 diversion program
If this is your first drug offense, you might be eligible for Prop 1000’s “deferred entry of judgment” (DEJ) or diversion program. Although you are required to plead guilty, if you successfully complete the program, the case is completely dismissed. Because the court never actually entered a judgment against you, you can truthfully say that you were never convicted of the crime (with some exceptions).
The program is only available to non-violent offenders accused of personal use of a drug. If the crime involved selling or manufacturing a drug, or you used or even threatened to use violence, you will not be eligible. In addition, you cannot have any previous drug-related convictions or any felony convictions within the past five years. But you might still be eligible for the Prop 36 program.
The way Prop 1000 works is that after you plead guilty, your sentence is deferred (put on hold) for 18-36 months to give you time to complete a treatment program. In addition, you’ll need to pay fees and appear in court regularly to give progress reports. But if you successfully complete the program, you can petition the court and have the charges against you completely dismissed.
What are the differences between Prop 36 and Prop 1000?
Even if you don’t qualify for Prop 1000 or you didn’t successfully complete the deferred program, you might still be eligible for Prop 36. You may qualify for Prop 36 even if you have previously been convicted of a serious or violent felony.
With Prop 36, you will still have a criminal record in the end. But you won’t have to go to jail as long as you complete the 1-2 year program. You will be on formal probation during this time. In addition to drug treatment, you will be expected to attend school or hold down a steady job.
These aren’t easy solutions, but Prop 36 and Prop 1000 may be just what you need to keep you out of jail and maybe even beat drug addiction for once and for all.
Do you have questions about your Southern California drug case?
If you’ve been accused of possessing drugs in Southern California and want to know what your best options are, talk to Southern California’s top drug crimes defense attorney, Dan E. Chambers. Contact Chambers Law Firm today by calling 714-760-4088, emailing dchambers@clfca.com, or sending a message via the Chat box at the bottom right of this page.
