No Jail Time if Arrested for Drug Possession in Orange County

If you have been arrested for a violation of Health and Safety Code Section 11350, 11357, 11364, 11365, 11377, or 11550, or California Vehicle Code Section 23222(b), or Health and Safety Code Section 11358, you could be facing lengthy jail time and a fine. However, California has a diversionary program, referred to as PC1000, which allows offenders to avoid lengthy jail sentences depending on the circumstances of their arrest provided strict requirements are met.

In general, to qualify for diversionary programs and avoid jail time, the alleged violation of drug possession must have been for personal use. There can be no allegation of possession for sale of an illegal or controlled substance.

In addition to the possession for personal use, the program also requires that the defendant has no prior conviction for any offense involving controlled substances. Furthermore, there must be no involvement in a crime of violence or threatened violence. In addition, the defendant may not have had probation or parole revoked without thereafter being completed, nor can the defendant have a history of unsuccessful completion or termination of a diversionary program within 5 years prior to the alleged offense. Lastly, the defendant may not have any prior felony conviction within five years of the alleged charged offense.

How does California’s PC1000 deferred entry of judgment work? The defendant pleads guilty to each charge and waives time for the pronouncement of judgment. The defendant is required to complete a drug treatment and education program lasting between three months to 1 year. The defendant must satisfactorily complete the program. The defendant may not exhibit signs that the defendant is not benefiting from education, treatment, or rehabilitation. The defendant may not be convicted of a misdemeanor that reflects the defendant’s propensity for violence. The defendant may not be convicted of a felony. And the defendant may not engage in criminal conduct rendering him unsuitable for deferred entry of judgment.

Upon the defendant’s successful completion of the program, the positive recommendation of the program supervisor, and on the motion of the prosecuting attorney, the court, or the probation department, the court will dismiss the charges against the defendant. The defendant essentially withdraws his guilty plea and replaces it with a not guilty plea and the court accepts his not guilty plea and drops the charges against the defendant. The entire process takes between 18 months and three years from the date of the defendant’s referral to the program. This may sound like a long time, but the defendant has no record of these allegations for the rest of his life.

If you have been arrested for possession of drugs or a controlled substance, you do not have to go to jail. To avoid jail time, you need the assistance of a competent and aggressive defense attorney immediately. Call the Southern California criminal defense attorneys at Houston & Blanco TODAY to schedule a free consultation to preserve your rights and ensure you receive your due process! DO NOT WAIT! Call 714.841.3921 or email at info@HBLawyers.net.