Diversion of Drug Offenses Coupled with DUI

By: Wallin & Klarich

There is a misconception that almost all drug cases are eligible for diversion through Penal Code 1000 and Proposition 36. Although it is possible to divert these offenses by completing certain drug classes and by subjecting yourself to random testing by the probation department, you will not be eligible for diversion if the offense is …

Posted In: Drug Offenses

Prop 36: Does it Give Offenders a Free Pass?

By: Wallin & Klarich

In November 2000, California voters approved Proposition 36 (Prop 36) in a landside vote. Under Prop 36, nonviolent drug offenders are diverted from jail or prison sentences in favor of rehabilitation programs. Basically, they are given three shots at completing rehab in an attempt to kick their drug addictions. Since Judges cannot send these nonviolent …

Posted In: Drug Offenses