California Drug Diversion Programs: PC 1000 & Proposition 36 Explained
Understanding Drug Diversion in California
Facing a drug possession charge in California can lead to serious legal consequences, including jail time, fines, and a permanent criminal record. However, California offers drug diversion programs that may allow eligible individuals to avoid conviction by participating in rehabilitation and treatment instead of serving time. Two of the most common programs are Penal Code 1000 (PC 1000) and Proposition 36 (Prop 36).
If you’re eligible for drug diversion, successfully completing the program can result in the dismissal of your charges and a clean slate. Here’s what you need to know about drug diversion programs and how they can help you avoid a conviction.
Drug diversion is a legal option in California that allows individuals charged with certain non-violent drug offenses to participate in a rehabilitation program instead of going through the traditional criminal justice process. The primary goal is to offer treatment for individuals struggling with drug addiction, focusing on rehabilitation rather than punishment.
In a drug diversion program, defendants typically undergo counseling, education, therapy, or rehabilitation. Upon successful completion of the program, the court can dismiss the charges, allowing the defendant to avoid a criminal conviction on their record.
California Drug Diversion Programs: PC 1000 and Prop 36
Penal Code 1000 (PC 1000) – Pretrial Diversion
Under PC 1000, individuals charged with non-violent drug possession offenses can participate in a pretrial diversion program. PC 1000 allows the defendant to enter a guilty plea, but the case is suspended while they complete the treatment program. If the program is successfully completed, the charges are dismissed, and there is no conviction on their record.
- Eligibility for PC 1000: To qualify, the charge must involve a non-violent drug offense (e.g., possession of a controlled substance). The defendant must not have any prior convictions for serious drug offenses, must not have participated in a diversion program within the past five years, and the offense must not involve drug sales or manufacturing.
- Program Requirements: Typically, defendants must complete drug education, counseling, and regular check-ins with the court over a period of 12 to 18 months.
- Outcome: If the program is completed successfully, the charges are dismissed, and the defendant can legally state that they were never convicted of the offense. However, failure to complete the program could lead to the reinstatement of charges and the original penalties
Proposition 36 (Prop 36) – Post-Conviction Diversion
Proposition 36, also known as Prop 36, offers another path to avoid incarceration. While PC 1000 applies before a conviction, Prop 36 is available after conviction, allowing eligible individuals to undergo treatment instead of serving a jail or prison sentence.
- Eligibility for Prop 36: This program is available to individuals convicted of non-violent drug possession or use. However, those charged with drug sales or manufacturing, or those with prior convictions for serious or violent crimes, are not eligible.
- Program Requirements: Prop 36 requires participants to complete court-supervised treatment, including drug counseling, rehabilitation, and random drug testing. Defendants must check in regularly with the court to monitor progress.
- Outcome: Upon successful completion of the Prop 36 program, the court can dismiss the charges, allowing the defendant to avoid serving a jail sentence. However, failure to complete the program may result in the original penalties being enforced.
Can Drug Diversion Help You Avoid a Drug Conviction?
If you’re facing a drug possession charge in California, participating in a drug diversion program could help you avoid a conviction and keep your record clean. Successfully completing a diversion program not only helps you avoid jail time but also prevents a conviction from appearing on your criminal record, which can have long-term benefits for employment, housing, and other opportunities.
The key to taking advantage of drug diversion is working with an experienced criminal defense attorney who can assess your eligibility, negotiate with prosecutors, and guide you through the diversion process.
Eligibility for Drug Diversion Programs in California
Not everyone charged with drug possession is automatically eligible for a diversion program. Eligibility is determined by several factors, including the nature of the charge and your criminal history. Generally, you may be eligible if:
- You are charged with a non-violent drug possession offense.
- The charge does not involve drug sales or manufacturing.
- You have no prior convictions for serious or violent felonies.
- You have not participated in a drug diversion program in the past five years.
What Happens If You Fail to Complete a Drug Diversion Program?
If you fail to complete the requirements of a drug diversion program, the court will reinstate the criminal charges and continue the prosecution. This could result in a conviction, fines, and jail time. It’s essential to follow all court-ordered requirements and work closely with your attorney to ensure full compliance with the program.
Contact a Drug Diversion Lawyer in Los Angeles Today
If you’re facing a drug possession charge in California, participating in a drug diversion program could help you avoid a conviction and keep your record clean. Programs like PC 1000 and Prop 36 offer alternatives to jail time through rehabilitation and treatment. At The Law Offices of Arash Hashemi, we can help assess your eligibility for diversion and guide you through the process to give you the best chance of a successful outcome.
To discuss your options and see if you qualify for a diversion program, contact our office at (310) 448-1529. You can also schedule a 15-minute consultation by using our secure online scheduling system. During your consultation, we’ll explain how drug diversion can work in your case and help you take the next steps.
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.
We are conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to explore your options for avoiding a drug conviction.
