Deferred Entry of Judgment in California

What is Deferred Entry of Judgment?

If you have been charged with a substance abuse-related crime, you may be wondering what Deferred Entry of Judgment is and how it can benefit you. DEJ is a legal process in California that allows defendants to avoid a formal conviction by successfully completing a probationary period. This option is particularly beneficial for those facing certain misdemeanor or non-violent felony charges, offering the possibility of having charges dismissed and arrest records sealed upon successful completion of probation. Instead of immediately entering a conviction, the court allows the defendant to undergo a probationary period during which they must comply with specific conditions set by the court.

Key aspects of DEJ include:

• Delayed Judgment: The court postpones entering a conviction, giving the defendant an opportunity to demonstrate good behavior and comply with probation terms.
• Probationary Period: The defendant is placed on supervised probation and must meet various conditions such as community service, restitution, substance abuse treatment, abstinence from drugs and alcohol, mental health counseling, cognitive-behavioral therapy, and payment of fines.
• Dismissal of Charges: Upon successful completion of the probationary period and fulfillment of all court-imposed conditions, the court will dismiss the charges, meaning the defendant will not have a conviction on their record.
• Sealing of Arrest Records: After successfully completing the DEJ program, the defendant’s arrest record may be sealed, making it inaccessible to most private parties such as employers and landlords. However, government and law enforcement agencies will still have access to these records.

Eligibility Criteria

Deferred Entry of Judgment is not available to all criminal defendants in California. Specific criteria must be met for a defendant to be eligible for this alternative sentencing option. Typically, the following conditions apply:

• Non-Violent Offenses: DEJ is generally available for non-violent felony or misdemeanor offenses. Violent crimes, including those involving physical harm or threats, are usually excluded.
• First-Time Offenders: Defendants with no prior convictions, particularly for controlled substances, are more likely to qualify. The program is often designed to provide a second chance for those who have not previously been involved in the criminal justice system.
• Non-Serious Drug Crimes: Offenses that do not involve the sale or distribution of large quantities of drugs may qualify. Crimes such as simple possession or minor distribution charges are more likely to be considered.
• No Prior Failures of Probation or Parole: Defendants who have previously failed to comply with probation or parole conditions are typically ineligible.
• No DEJ in the Past Five Years: Those who have previously participated in a DEJ program within the past five years are generally not eligible for another deferred entry of judgment.

Probationary Period Requirements

Once a defendant is granted Deferred Entry of Judgment, they must complete a probationary period during which they must adhere to specific terms and conditions set by the court. The probationary period is designed to rehabilitate the defendant and address issues related to their offense. Typical requirements during this period may include:

• Community Service: Defendants may be required to perform a certain number of hours of community service, contributing positively to society as part of their rehabilitation.
• Restitution to Victims: If the crime involved victims, the defendant might need to provide financial restitution to cover any losses or damages incurred by the victims.
• Substance Abuse Treatment: Participation in substance abuse treatment programs is often mandatory, especially for drug-related offenses. This may include attending counseling sessions, rehabilitation programs, or support groups.
• Abstinence from Drugs and Alcohol: Defendants must abstain from using drugs and alcohol throughout the probationary period. Regular drug and alcohol testing may be conducted to ensure compliance.
• Mental Health Counseling: For those with underlying mental health issues, the court may require participation in mental health counseling or therapy to address these issues and prevent future offenses.
• Cognitive-Behavioral Therapy (CBT): Defendants may need to attend cognitive-behavioral therapy sessions to develop better coping mechanisms and decision-making skills.
• Fines: Payment of court-imposed fines is often a condition of probation. These fines can vary depending on the nature and severity of the offense.

Benefits of Deferred Entry of Judgment

• No Criminal Record: One of the most significant advantages is avoiding a permanent criminal record. Upon successful completion of the probation period and all its conditions, the court will dismiss the charges, meaning there will be no conviction.
• Reduced Sentencing: It often results in more lenient penalties compared to traditional sentencing. Instead of facing immediate jail time, defendants are given a chance to rehabilitate and demonstrate good behavior through probation.
• Rehabilitation Focus: The conditions are designed to address the underlying issues related to the offense, such as substance abuse or mental health problems. This focus on rehabilitation helps prevent recidivism and supports the defendant’s long-term well-being.
• Employment and Housing Opportunities: With no conviction on their record, defendants have better chances of obtaining employment and housing. A criminal record can significantly hinder opportunities in these areas, so avoiding a conviction can be crucial for future stability.
• Community Integration: By participating in community service and other probation requirements, defendants can positively contribute to society and build a sense of responsibility and connection within their community.

Process to Obtain Deferred Entry of Judgment

1. Initial Assessment: The defense attorney will assess the defendant’s eligibility based on their criminal history, the nature of the current charges, and other relevant factors.
2. Plea Agreement: The defendant must enter a guilty or no contest plea to the charges. This plea is part of the agreement to enter the DEJ program.
3. Waiver of Jury Trial: Both the defendant and the prosecutor must agree to waive the right to a jury trial. This means the case will be decided by the judge.
4. Judge’s Approval: Only a judge can grant DEJ. The judge will review the plea agreement, the defendant’s history, and other relevant information to determine if this alternative is appropriate.
5. Probation Period: If approved, the defendant will be placed on supervised probation. During this period, they must comply with all court-imposed conditions, such as attending counseling, performing community service, and abstaining from drugs and alcohol.
6. Monitoring and Compliance: The defendant’s progress will be monitored by a probation officer. Regular check-ins and compliance with all conditions are essential for successful completion of the program.
7. Completion and Dismissal: Upon successful completion of the probation period and all its conditions, the charges will be dismissed. The defendant can then take steps to have their arrest record sealed.

Deferred Entry of Judgment and Background Checks

During Probation: While you are still in the probationary period, your criminal record may reflect the charge to which you pled guilty or no contest and indicate that the sentence is deferred. This can be visible to employers, landlords, and others conducting a background check.

Post-Completion: Once you successfully complete the probation terms, you can withdraw your guilty plea, and the court will dismiss the charges. Your criminal record will show that the case was dismissed rather than resulting in a conviction.

Sealing Records: Although the case is dismissed, the offense is only sealed for private entities, such as employers and landlords. Government agencies and law enforcement will still have access to the record on background checks. If you need help with sealing your records after the DEJ, it is advisable to contact a criminal defense attorney.

Contact a Los Angeles Criminal Defense Attorney

Deferred Entry of Judgment offers a valuable opportunity for those facing certain criminal charges in California. Successfully completing a probationary period and adhering to all court-imposed conditions can result in charges being dismissed and records potentially sealed. Understanding the process and requirements can be complex, but a knowledgeable criminal defense attorney can guide you through every step.

If you are eligible for this program or have questions about the process, it is essential to seek experienced legal assistance. For personalized legal advice and effective defense strategies, contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi and his team are dedicated to providing the expert legal representation you need to navigate the complexities and protect your future.

Our office is conveniently located in the Westside Towers in Los Angeles, within minutes of Santa Monica, Beverly Hills, Westwood, and steps away from the Expo/Bundy Station. We have flexible hours and weekend appointments, and we will visit you in jail to discuss your case.

Schedule a Consultation

• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.