If you are facing charges for cocaine possession in San Bernardino, your San Bernardino Wallin & Klarich attorney can help you avoid jail time by requesting you attend a drug diversion program. California Penal Code section 1000 (“P.C. 1000”) and Proposition 36 (“Prop. 36”) are two types of diversion programs that you may be eligible for.
Deferred Entry of Judgment – P.C. 1000
The Deferred Entry of Judgment (“DEJ”) program under P.C. 1000 allows a defendant accused of cocaine possession in San Bernardino to enroll in a drug diversion program instead of going to jail.
The DEJ program has several eligibility requirements, including:
• You must be a first time offender;
• You must not have any offenses involving controlled substances on your record;
• Your cocaine possession charge must not involve violence;
• You must not have any prior probation or parole violations; and
• You must not have any felony convictions within five years prior to the present cocaine possession offense.
The judge will determine whether the program is the right option for you. If you are eligible for the program and you choose to enroll, you will be required to plead guilty to the cocaine possession charge. Your sentencing, however, will be delayed upon completion of the program. While in the program, you will take drug classes for 18 months. If you successfully complete the program, your cocaine possession charge will likely be dismissed.
Finishing the program is important. If you fail to complete the program, the cocaine possession charges will not be dismissed and you will likely face a jail sentence.
Proposition 36 – California Penal Code Section 1210.1
Prop. 36 is a law that also allows judges to order you to attend drug treatment in place of jail time for a cocaine possession conviction in San Bernardino.
Under California Penal Code Section 1210.1, Prop. 36 contains the following requirements:
• You are a first time offender of a non-violent drug possession or drug use crime;
• You do not have any serious or violent felony convictions on your record;
• If you have a violent felony conviction, you must have been out of prison for at least five years with no felony convictions, other than a non-violent drug possession offense or misdemeanor conviction involving violence within that time; and • You are not charged with possession for sale of a controlled substance or convicted of a non-drug related offense in the same proceeding.
If you qualify for Prop 36 and choose to enter the program, you will be required to plead guilty to the cocaine charge(s). Instead of sentencing you to jail, the judge will place you on probation and require you to complete a drug treatment program lasting up to one year.
To monitor your progress, the judge can place additional conditions on your probation, including:
• Random drug tests;
• Regular check-ins with a probation officer;
• Mandatory court appearances;
• Requirement to pay treatment costs; and
• Lifestyle restrictions.
Upon successful completion of the program, your cocaine conviction will be set aside and your cocaine charge(s) will be dismissed. Failing to comply with the probation conditions can result in the judge revoking your probation and enforcing your original sentence that may include serving time in jail.
San Bernardino Drug Diversion Program Attorneys at Wallin & Klarich
If you are being charged with possession of cocaine in San Bernardino, you need to contact an experienced San Bernardino Drug Defense Attorney today. At Wallin & Klarich, our Drug Defense Attorneys have over 30 years of experience in successfully helping clients avoid jail time and getting them into drug diversion programs for cocaine possession. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, our attorneys are ready to walk you through the steps of a diversion program and help you stay out of jail. We will fight for your freedom.
Contact us at (888) 280-6839 or complete our client intake form online. We will be there when you call.
