PC 1000 and Proposition 36 are drug diversion programs offered to certain defendants charged with drug-related criminal offenses, depending on several factors. These diversion programs essentially make it possible for those who qualify to attend treatment programs in lieu of potential jail sentences. In addition, even though you enter a plea of guilty in order to get into the program, the entry of judgment is stayed. If you don’t successfully complete the program, the plea is entered on your criminal record. If you do successfully complete the program, however, then you earn a dismissal of the charges and you never have a conviction on your criminal record.
Penal Code Section 1000 allows first time drug offenders with no prior record to plead guilty but, be permitted to attend a four month class that meets once a week, in lieu of serving jail time. Once you have successfully completed the class and a total of 18 months has passed without another criminal arrest or conviction, and all fees associated with your case have been paid, the original case against you will be dismissed by the court. A good lawyer can help make this happen for you! Call the Law Office of Robert C. Smith for help understanding if you qualify for PC 1000. If you don't know how the rules apply to you, you may be in for a rude awakening. You need a good attorney to avoid any surprises associated with your case, and to help make the process go smoothly.
Prop 36 (PC section 1210)
Proposition 36 allows an individual who has certain prior drug-related criminal offenses on their record and is now accused of a non-violent related drug offense, such as simple possession, or being under the influence of a controlled substance, to not be incarcerated as a term of probation. Prop. 36, as it is commonly referred to, is essentially your last chance after PC 1000, for not serving jail time for a non-violent, drug-related offense. However, there are many intricacies to Prop 36 that you may not know. To learn more about your options, contact an attorney at the Law Office of Robert C. Smith 909-563-8644.