While San Diego Criminal Defense Attorney Lauren Angelos is committed to seeking dismissal of charges or an acquittal in drug cases, sometimes this is unrealistic. Besides acquittal at trial, there are other ways to avoid the harsh consequences of a drug conviction in San Diego. PC 1000 “Deferred Entry of Judgment” provides a diversion option for those accused of certain drug related crimes and results in the automatic dismissal of the criminal charges if you successfully complete the program. PC 1000 Deferred Entry of Judgment not only prevents you from receiving a drug conviction on your criminal record, but completion of the program will result in you being able to indicate that you have not been arrested or convicted of a drug crime, nor have you even participated in a Deferred Entry of Judgment program. Of all the drug diversion programs out there, this is by far the best!
Participation in the PC 1000 program requires meeting certain qualifying criteria including the following:
- The offense must be simple drug possession or being under the influence. Individuals charges with possession of a controlled substance for sale, drug sales, or transportation do not qualify
- The offense must not involve the threat of violence or an act of violence
- Generally speaking, PC 1000 is available to a wider variety of criminal offenses then California Proposition 36. For example, you may qualify for PC 1000 even if you are cultivating marijuana if you can establish that the cultivation was for personal use and not for purposes of sale. Another example of an offense that qualifies for PC 1000 diversion that is not covered by Prop 36 is forging a prescription to obtain drugs for personal use.
Even if the offense charged qualifies for PC 1000 Deferred Entry of Judgment, your personal criminal history must also meet certain criteria. To qualify for PC 1000, you must meet the following requirements:
- No felony convictions within five years of the charged offense
- No previous convictions for drug offenses
- Lack of previous parole revocations
- Lack of participation in a Deferred Entry of Judgment program within the last five years
As with the types of offenses that qualify for PC 1000, it also provides broader relief than Prop 36. Whereas a prior “violent felony” or “serious felony” disqualifies a defendant from seeking diversion under Prop 36, such a conviction does not disqualify one from participation in PC 1000 as long as that conviction did not occur within the last five years.
There are other differences between PC 1000 and Prop 36, which taken together with the broader eligibility requirements make PC 1000 generally more desirable. PC 1000 involves participation in a drug treatment program but does not involve one being placed on formal probation with additional terms and conditions like Prop 36. Additionally, once you successfully complete PC 1000, your drug charges are dismissed automatically whereas with Prop 36 dismissal of your charges is at the discretion of the judge. One disadvantage of PC 1000 is that you do not automatically qualify if you meet the eligibility criteria; rather, the judge must decide whether to allow you to participate in PC 1000.
Our experience is that PC 1000 Deferred Entry of Judgment typically can be completed more quickly than Prop 36 so it is usually preferred by more people facing drug charges. However, Prop 36 will typically be more common for those with a qualifying felony drug charges whereas PC 1000 is more often used by those with misdemeanor drug charges. Judges tend to be fairly forgiving when someone relapses when participating in either Prop 36 or PC 1000 and frequently permit reinstatement. But this is not always the case.
While drug charges can result in jail time, substantial fines, probation, a criminal record and other negative effects, San Diego Criminal Defense Attorney Lauren Angelos has helped many people protect their criminal records and avoid jail or prison time with diversion programs like Prop 36, PC 1000 and drug court. Even if you are charged with possession for sale, manufacturing or transportation, Ms. Angelos may be able to exploit weaknesses in the prosecutor’s case to obtain a reduction of the charges so that you qualify for PC 1000 Deferred Entry of Judgment.
Contact award-winning San Diego Criminal Defense Lawyer, Lauren Angelos, at Angelos Law Group today at (619) 727-6812 for your complimentary consultation. Military discounts available.