Prescription drugs are medicines that are prescribed to a patient by a doctor or licensed medical professional to manage pain, treat or cure a health condition, mental disease, diabetes, cancer, or common infections.

The National Institute on Drug Abuse estimates that at least 20 percent of the United States population have used or are using prescription drugs for non-medical reasons. Drug diversion is a criminal act involving a prescription drug. It is the redirection of prescription drugs for illegitimate purposes. Taking prescription drugs that are not prescribed to you constitutes drug diversion. It is so pervasive that the Center for Disease Control and Prevention labeled it an epidemic.

In California, there are several alternatives to going to jail for simple drug possession cases. California Penal Code 1000 and Proposition 36 are two diversion programs that simple drug possession offenders may be eligible for. Most nonviolent drugs offenders reap much more benefits from treatment and education than from jail and a criminal record.

If eligible for California’s deferred entry of judgment (DEJ) PC 1000, defendants are “diverted” out of the criminal court system and into a drug rehabilitation program. Thus, the defendant avoids jail. The eligibility requirements for the program are:

  • You must be a first time offender and not have any offenses involving controlled substances on your record;
  • The charged offense must not involve violence;
  • The defendant’s record must not have any revocation of probation or parole;
  • The defendant must not have any felony convictions within five years prior to the charged offense.
  • You must plead guilty to the charge. However, you will not be sentenced. Sentencing will be delayed pending the completion of the program.
    You must take a series of classes focused on drug treatment for 18 months.

If successfully complete the program and do not get in trouble with law enforcement during this period, the criminal charges are dismissed. However, the criminal charges will be indefinitely sustained, if you fail to complete the program. If you fail to complete the program, you will be sentenced, and go to jail.

If you have been arrested for drug diversion, call our office today. We can help you understand your charge and provide you with the best legal options available for your case. The initial consultation is free. Call now and get your questions and concerns resolved.

901 H Street, Suite 310
Sacramento, CA 95814 US
Phone: (916) 444-7595


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