Several alternatives instead of jail exist for meth possession cases in Ventura. California Penal Code 1000 and Proposition 36 are two types of diversion programs that you may be eligible for.
Proposition 36 – California Penal Code Section 1210.1
Proposition 36 (“Prop. 36”), which is defined under California Penal Code Section 1210.1, is a voter-passed law that allows judges to order you to enroll in a drug treatment program instead of jail time if you are convicted of meth possession in Ventura.
If your conviction stems from possession for sale of meth, you are ineligible for Prop. 36. In addition, your are ineligible for the program if:
1. You have been incarcerated within the last five years for a serious or violent felony offense;
2. You have been convicted in the same proceeding of a non-drug related misdemeanor or felony;
3. During the commission of the offense, you were in possession of a firearm and, at the same time, were either in possession of or under the influence of cocaine, heroin, methamphetamine or phencyclidine (PCP);
4. You refuse drug treatment as a term of probation (P.C. 1210.1(b)(4);
5. You have two separate drug related convictions, have participated in Prop 36 twice before, and have been found by the court by clear and convincing evidence to be unwilling to engage in any and all forms of available drug treatment. In such cases, you will be sentenced to 30 days in jail.
If you meet the eligibility requirements and want to enter into the drug treatment program, you will be required to plead guilty to the meth charge(s). Once you successfully complete the program, your meth possession conviction will be set aside and your meth charge(s) will be dismissed.
Deferred Entry of Judgment – P.C. 1000
Under California Penal Code Section 1000 (“P.C. 1000”), the Deferred Entry of Judgment (“DEJ”) program allows a defendant accused of possession of meth in Ventura to enter into a drug diversion program instead of going to jail.
If you are eligible for the program and wish to enroll, you must plead guilty to the meth possession charge. However, unlike Prop. 36, your sentencing will be delayed until you complete the program. During the program, you will take a series of classes focused on drug diversion for 18 months. If you successfully complete the program, your meth possession charge will be dismissed.
It is important to remember that if you fail to complete the program, the meth possession charges will not be dismissed and you will likely face a jail sentence.
Ventura Drug Diversion Program Attorney
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, the Ventura Drug Diversion Program Attorneys at Wallin & Klarich have over 30 years of experience in successfully helping clients avoid jail time for meth possession by getting them into drug diversion programs. Our Drug Diversion Program Attorneys will inform you of what you are qualified for and can walk you through the steps of enrolling in a drug treatment or diversion program. We can also explain the consequences for non-compliance with the conditions of probation.
Contact us today at (888) 280-6839 or complete our client intake form online. We will be there when you call.