Being arrested for a drug offense in Bakersfield can be overwhelming, and the severe penalties of a conviction (serving time, probation, fines, and a criminal record) can alter your life. You can avoid these penalties as a non-violent offender. Thanks to a pretrial drug diversion program that offers rehabilitation instead of incarceration and allows you to start on a clean slate. Eligibility requirements are stringent, and the judge determines based on case facts, but completing the program can result in the dismissal of your criminal charges. The California Criminal Lawyer Group discusses how the program works, its qualification criteria, and criminal record sealing in this article.

Defining Drug Diversion Per California PC 1000

California PC 1000 PC deals with pretrial diversion.

Suppose you are suspected of violating a minor drug offense and are eligible for California PC 1000. In that case, you can plead no contest and have charges dismissed after finishing substance treatment.

Failure to complete the program can lead to a trial before a California judge.

Pre-Trial Diversion for California Drug Crimes Evolution

A pre-trial diversion for California drug-related crimes is a modification of the formerly Deferred Entry of Judgment (DEJ) per PC 1000.4. Congress passed the Narcotic Addict and Rehabilitation Act to allow non-violent drug charge defendants to recover and reform from alcohol and drug abuse disorders.

Since 1971, defendants in California have engaged in rehabilitation programs in place of serving time following non-violent drug offenses. Nevertheless, the accused has to plead guilty to the criminal charges to be eligible for a DEJ. Once the defendant completes the program, the judge will clear the criminal records and seal the charges. Failure to comply with the recommended probation terms or complete the program makes the accused remain guilty.

In 2018, California adopted the pre-trial diversion for drug crime law, replacing DEJ and making drug diversion laws more favorable for drug offense defendants. With the new California drug diversion law, you do not have to plead guilty to drug charges to be eligible for rehabilitation. Once you complete the program, the court will dismiss and seal your case.

The drug diversion program aims to assist you in returning to a drug-free life. On top of avoiding incarceration, the program allows you to reform and recover from substance abuse for a more healthy, quality, and productive life.

The Eligibility Regulations for California Pretrial Drug Diversion

The crimes that permit you to engage in PC 1000 drug diversion are as follows:

  • HS 11365 — Aiding or Abetting illegal usage of controlled substances.
  • HS 11357 — Possessing cannabis unlawfully.
  • HS 11364 — Drug paraphernalia possession.
  • HS 11377 — Methamphetamines for individual use.
  • HS 11350 — Possessing any controlled substance.
  • HS 11368 — Using or possessing a fake prescription to acquire drugs.
  • HS 11550 — Being under the influence of narcotics.
  • HS 11357 (b)(2) — Illegal Possession of some prescription sedatives.
  • HS 11358 — Cultivating cannabis for own use.
  • PC 381 — Possession of harmful drugs for huffing.
  • Vehicle Code section 23222(b) — Possession of bhang in a container in a car.
  • Penal Code 647(f) — Lewd acts linked to the influence of controlled substances.
  • PC 653f(d) — Requesting a person to engage in an offense to facilitate personal use of drugs.
  • Business and Professions Code 4060 — Possessing an illegal drug, PC 1000a (2).

Drugs Included in California PC 1000

Controlled drugs included in the law mentioned above include the following:

  • Heroin.
  • Cocaine.
  • Peyote.
  • Marijuana.
  • Ketamine.
  • Gamma-hydroxybutyric acid (GHB).
  • Prescription opioids like hydrocodone and codeine.
  • Methamphetamines.
  • Some hallucinogenic drugs, like phencyclidine (PCP).

The court does not focus much on what the controlled substance is, but:

  • Whether your possession involves possession for individual use.
  • Whether drug treatment would benefit you.

Additional Legal Conditions for a California Pretrial Drugs Diversion

To qualify for diversion program eligibility per PC 1000, the following should apply:

  • For the last five years, the defendant has not been found guilty of a crime relating to a controlled substance, apart from crimes described in the legal provision.
  • There is a lack of evidence of double violation involving narcotics or prohibited drugs but breaking only the crimes stated in PC 1000.
  • Your crime did not involve violence or threats of violence.
  • There was no felony conviction under your name during the past five (5) years before your alleged drug criminal charges.

How to Be Referred to California Pretrial Diversion

First, the prosecutor will evaluate your drug charges. If you are eligible, the prosecution will provide your lawyer with legal advice in writing.

The Prosecutor’s Notice

The written notice of potential qualification from the prosecution will entail the following:

  • A detailed explanation of how California drug diversion works.
  • A breakdown of the legal roles and agencies of the Department of Probation, the program, the prosecuting lawyer, and the court’s process.
  • A statement that, for you to receive pretrial drug diversion, you should enter a guilty plea to your charges and forfeit your legal entitlement to a jury trial and a pretrial hearing.
  • After completing the drug diversion program and at the suggestion of the supervising authority, the California court will dismiss your charges.
  • A description of your entitlements relating to the retention of your criminal record and case disposition and how you should provide answers to any questions about the arrest and diversion drug program after completing your program.

Probationary investigations

A court will schedule a hearing to decide your eligibility and agree to drug diversion.

However, before the determination, the judge, at their discretion, will instruct the probation agency to probe your case. The probationary officer handling your case could consider the following:

  • Your age.
  • Educational background.
  • Employment and work documents.
  • Family and community ties.
  • Drug treatment history.
  • Previous illegal drug use.
  • Demonstrable motivation to get rehabilitated.
  • Other case-mitigating factors.

Admissibility of Your Statements Made During Investigations

The statements you make to a probationary official or drug diversion personnel in the department of probation’s investigations are non-admissible to establish your original charges.

The California court and probation department will utilize the information only to decide if you can benefit from the following:

  • Treatment.
  • Education.
  • Rehabilitation.

Final Eligibility Determination

If the court orders an investigation, the probation department will recommend the best programs for you.

The California court will dismiss your bail or deposits and approve your participation in a pretrial drug diversion treatment program.

The California probation department can bring progress reports to court as your treatment continues. The filing lets the court decide on your continued qualification under PC 1000.

Opting Out of The Pretrial Drug Diversion Program

If the judge determines the program is unsuitable for your case or you choose not to participate, court hearings in your case will progress.

How the Pretrial Drug Diversion Program Works

Drug diversion programs should be:

  • Approved by the program administrator of the county, or
  • Treatment programs that offer free services — The court and the California drug program director must have approved them as effective and credible.

You can ask to be taken to a rehabilitation program in the county of your choice, provided the drug program satisfies the criteria.

The Duration of a Treatment Program Per PC 1000

Drug diversion per PC 1000 mainly takes:

  • Twelve months or
  • Eighteen months.

Nonetheless, after demonstrating good reasons, the court can allow you more time to fulfill your diversion program requirements.

Testing For Drugs During Your Treatment Program

When engaging in a drug diversion program, you should test for drugs through urinalysis.

However, failing a substance test does not become a legal ground for new charges. The possible repercussion is your drug diversion treatment’s termination.

Cost of Engaging in a Drug Diversion Program

The court expects you to pay a restitution fee of a minimum of $100 and not exceeding $1000. However, if you show extraordinary and compelling reasons, the court might waive the restitution fees.

Can What You Say During Your Drug Diversion Be Evidence Against You?

A defendant’s statements during the drug treatment program cannot be evidence against them to the degree they concern their alleged crime.

Catering to Narcotic Medication Needs During Your Diversion Program

If you decide to participate in a drug treatment program, you can, with the authorization of a certified physician, use the following medications or drugs:

  • Buprenorphine.
  • Methadone.
  • Levo Alphacetylmethadol (LAAM) FOR treating substance abuse disorders.

Using the drugs listed above does not constitute a legal basis warranting the termination of your engagement in a pretrial drug diversion.

Legal Basis For Your Pretrial Drug Diversion Before Completion Termination

The court can terminate your engagement in a drug treatment program if:

  • You do not respond to the diversion or abide by the conditions of the pretrial diversion.
  • You are sentenced for a crime that shows a tendency of violence.
  • You are sentenced for a felony.

The following can initiate a motion for the termination of your engagement in the diversion program:

  • The judge.
  • The prosecutor.
  • A probation officer.

The judge then conducts a court hearing to decide whether to cancel your pretrial drug diversion engagement. Suppose the California judge presiding over your case finds out you are not doing well in your program or have been found guilty of earlier-mentioned felonies. In that case, your initial case will head to trial.

Effects of Completing Your Pretrial Drug Diversion

Following a successful conclusion of diversion treatment, the court will consider the underlying charges not to have happened for several purposes.

You can claim you have never been arrested or engaged in pretrial drug diversion if asked about your previous criminal record.

The exception occurs when applying for employment as a peace officer.

Sealing Of My Arrest Records

The court can order arrests and criminal records to be sealed. You should note that your arrest record sealing order does not hinder judicial agencies from accessing and using your criminal records according to relevant laws.

Completing a pretrial drug diversion treatment does not stop law enforcement agencies that license doctors, dentists, or pharmacists from:

  • Initiating disciplinary measures against your license.
  • Refusing to issue professional license due to professional incompetence.

Details about your engagement in a drug program could be revealed after a request to California agencies that grant licenses to other experts like nurses, veterinarians, and therapists.

Other Alternative Pretrial Drug Treatment Programs

Other California’s pretrial drug diversion programs, alongside PC 1000, include the following:

California Prop. 36

You can find Prop. 36 in PC 12120, 306.1, and 1210.1. It pertains to people on parole.

The four main differences between PC 1000 drug diversion and Prop. 36 are:

  • PC 1000 applies to many drug-related criminal activities. For example, eligible crimes include illegal cultivation of cannabis for personal use and faking prescriptions for individual use.
  • Proposition 36 needs you to plead guilty, upon which the judge places you on official probation and imposes additional conditions.
  • Judges have some discretion regarding permitted engagement in Penal Code 1000 pretrial drug treatment. If you qualify per Prop. 36, you will be sent to prison per its legal provisions.
  • Upon completing the PC 1000 diversion program, your charges are dismissed automatically. On the contrary, the judge decides whether to dismiss your case.

If given a choice, Penal Code 1000 is preferable.

Los Angeles Substance Court Program

The drug court program in Los Angeles, initiated in 1994, offers treatment rather than prison sentences to non-violent defendants who have serious drug abuse issues.

The court program has twelve drug courts, two juvenile drug courts, and numerous dedicated court programs equipped with Los Angeles County defenders founded on the drug court model.

California Substances Court

The drug court resembles California PC 1000, but you require legal representation from public defenders.

PC Section 1000.5 authorizes drug court programs. They include San Francisco and Los Angeles drug courts. 

Like pretrial drug diversion, completing the substance court treatment results in dismissing your underlying charges.

If you are ineligible for drug court because the District Attorney (D.A.), judge, or prosecutor disagrees, you could qualify for pretrial drug diversion.

San Francisco Treatment Program

The San Francisco court system provides a back-on-track program. The drug program is for:

  • Offenders between 18 and 30 years.
  • First-time defendants of nonviolent possession of five grams of narcotics.

You should complete the monitoring phase, which involves one hundred and twenty hours of serving your community, to show your devotion to the drug program. Following the completion of the first part of the drug program, you should enter a guilty plea to your charges, and the court will postpone sentencing for a year.

If you are prosecuted for another drug-related criminal charge, the California judge should terminate your engagement and impose a prison sentence. However, the court will dismiss your drug charges if you complete your diversion program.

Military Diversion

Military drug diversion is designed for active-duty personnel and veterans. Military drug diversion allows the judge to halt court proceedings for California misdemeanor charges as long as you receive treatment for:

  • Drug abuse.
  • Other mental disorders like sexual trauma or post-traumatic stress disorder.

After completing military drug diversion:

  • The court will dismiss your charges, and.
  • For many purposes, your arrest would be as though it never occurred.

Mental Health Drug Diversion

California currently offers mental health drug diversion per California PC 1001.36. It allows some individuals with mental health issues to receive drug treatment after being charged with an offense.

Like other types of pretrial diversion, completing the diversion leads to dismissal. The court will seal your arrest record for many California purposes, and your original arrest will be as though it never occurred.

To qualify, you must have one of the medical conditions outlined in the latest copy of the Diagnostic and Statistical Manual of Disorders. Eligible medical cases include the following:

  • Schizophrenia.
  • Bipolar disorder.
  • Post-traumatic stress disorder.
  • Schizoaffective disorder.

Please note that you are automatically disqualified from this program if you suffer from antisocial,  borderline personality disorders, or pedophilia.

How to Work With an Aggressive Defense Attorney Effectively

When you have been arrested for a drug crime, hiring a criminal defense attorney can mean the world. Most defendants in Bakersfield make expensive mistakes because they do not know how to beat the criminal charges against them or their legal rights. However, more than hiring a legal expert is required. Your conduct can significantly affect how much the attorney can assist you.

Here is what you should know about working effectively with an attorney:

Contact a Criminal Defense Lawyer Immediately

You should retain an attorney now if you do not have legal representation.

Your legal counsel can aid you throughout your criminal process. The reality is that there is more stress in a defendant’s life than being arrested and later facing police interrogation.

Your legal counsel has the advantage of being objective throughout your judicial process and can offer realistic insights. These reality checks and assessments are essential when deciding the next steps.

Be Honest With Your Defense Lawyer

It can be challenging to open up to your lawyer. You tell a stranger about yourself, yet you want them to think highly of you. The legal counsel is not the judge. Their responsibility is to ensure the judicial system treats you well.

Your lawyer should know everything, even when you think the case facts will put you in a negative light. If you conceal something and it comes up in a courtroom, they will not be prepared. If the police find evidence different from what you told your attorney or you confess to the law enforcers, your lawyer will not have the luxury to defend the claims. If the lawyer knows your case’s gaps and weak points, they can develop a defense strategy.

You should not worry about the lawyer using the case facts against you or sharing them. The attorney-client privilege protects you. The state licensing board can suspend or revoke the expert’s professional license if they violate the confidentiality agreement.

The only time to be cautious about sharing your case facts is when you are speaking with your lawyer over a recorded line. Prisons and jails record every call in their facilities, so you do not want to say something the prosecution team can use against you.

Comply With Your Lawyer’s Advice

After being accused of a drug-related crime, you will receive lots of unsolicited guidelines and advice from many people. Although their intentions might be genuine, the results of taking their advice could hurt your case.

You do not know why your defense attorney tells you to avoid or engage in specific conduct. Otherwise, you risk jeopardizing your life and future. Feel free to ask questions or raise concerns if something needs clarification.

Do Not Discuss Your Case With Any Other Person Except Your Lawyer

While it is easy to have innocent discussions with your relatives or friends about the case facts, your conversations are not private. If the prosecutor learns about your discussion, they could compel your loved ones to testify against you.

Likewise, you should avoid discussing your case on social media platforms or in contexts where the prosecutor can scrutinize what you say. 

Remain in Constant Communication with the Attorney

Understandably, you could avoid thinking about your predicament as a defendant, but with so much at stake, you should promptly respond to your attorney. Sometimes, the advocate will require you to answer their calls quickly to prepare your legal defense when the information is still fresh in your mind.

Your defense counsel requires your cooperation and participation to represent you effectively.

Do Not Engage In Self-Help Without Consulting a Defense Attorney

Discuss it with your lawyer if something can help your criminal case. Suppose the advocate agrees that taking photographs of your crime scene or interviewing witnesses might be crucial. In that case, they are skilled at investigating the matter without putting you into more legal trouble.

Find an Experienced Drug Crime Defense Attorney Near Me

If charged with a drug crime in Bakersfield, you can use the pretrial diversion program to dismiss your case without paying fines, serving time, or having a criminal record. Additionally, the program provides early intervention treatment to prevent you from reoffending. An experienced drug crime defense attorney can help you access the program. With an intricate understanding of California laws, the California Criminal Lawyer Group can recommend the diversion program to the prosecutor and the judge. We can also explain to the court why the program would be an ideal alternative to serving time.

Let us assist you in securing a case outcome that permits you to move forward with your life. To schedule your initial free consultation, please call us at 661-750-8230.