March 3, 2009 By Wallin & Klarich

Avoid devastating collateral consequences; Why you need to retain a California drug offense defense attorney to get admitted to Penal Code 1000 drug diversion program

Under Penal Code 1000, even if the defendant has entered a plea of guilty, he is not “convicted” while undergoing the treatment in the deferred entry of judgment program.

Penal Code 1000 provides, “A defendant’s plea of guilty…shall not constitute a conviction for any purpose unless a judgment of guilty is entered.” Thus, if a defendant faces immediate collateral consequences from a conviction of a drug crime in California, such as loss of a job or some disciplinary proceeding, Penal Code 1000 may be preferable to Proposition 36.
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While the conviction under Proposition 36 can be expunged, the defendant remains with a conviction on his record during the period he is on probation and undergoing treatment.
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Thus, a defendant might be spared of devastating collateral consequences by opting for Penal Code 1000 rather than Proposition 36.

For a free consultation to discuss your drug offense or eligibility for drug treatment please call us at (888) 280-6839. Our Los Angeles drug crime defense lawyers are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at for more information.

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