Have you been charged with personal use of an illegal substance?
What happens next?
If this is your first offense of personal use of an illegal substance, there are options to help preserve your criminal record and get the help that you need. California Courts offer a program, called PC 1000, which allows certain offenders the option of “Deferred Entry of Judgment”. In order to be eligible for this program, you must meet each of these requirements:
(1) Have no convictions for any offense involving a controlled substance prior to the alleged commission of the currently charged offense;
(2) The currently charged offense cannot involve a crime of violence or threatened violence;
(3) There cannot be evidence of another violation of any other drug related offenses, such as transportation or sales;
(4) Your criminal record does not include violations of probation/parole that were never completed;
(5) You have not successfully or been terminated from PC 1000 or another diversion or deferred entry of judgment program within 5 years prior to this alleged offense; and
(6) You have no prior felony convictions within five years prior to this alleged offense.
Once eligibility is determined, you will have to enter a plea of guilty to the charged offense. Basically, you will plead guilty, but the court will postpone your sentencing, giving you time to complete the PC 1000 program. After you plead, your case will be sent to the probation department to help determine which course of treatment and education is most appropriate given your personal situation.
Aspects of the PC 1000 program include: group counseling, individual counseling, random drug testing, education on drug use, and self-help drug programs. Each case plan is different, tailored to the individual.
After a course of action is selected, it is up to you to successfully complete the diversion program. Upon successful completion of the program, you will go back to court to provide proof of completion. At that time, the judge will withdraw your previous guilty plea and dismiss your case.
PC 1000 is an excellent program, helping to preserve your criminal record and therefore your future. It is extremely important to contact a criminal attorney, if you believe that you could qualify for this program. If you have questions about this program and/or any other drug related offense, call the attorneys at The Haynes Law Firm, APLC at (833) 526-5197 today for a free consultation to discuss your options.
Crista Haynes is the principal attorney at The Haynes Law Firm, APLC and is highly experienced in the areas of family law, criminal defense and estate planning.