Alternative Sentencing In Drug Cases
Medical Marijuana
California's Proposition 215 has now
legalized medical marijuana. If you have a valid prescription from
a licensed physician, the drug crimes defense attorneys at WILL & WILL,
LLP will present your prescription to the prosecutor during negotiations
to hopefully obtain a dismissal in your case.
Diversion /PC 1000/Proposition 36
Once eligible, in order to be granted diversion, a person accused of a drug
crime is required to enter a plea of guilty to the charge, but is not sentenced
right away. A criminal case is never finished until the defendant is sentenced.
In these cases, sentencing is stayed while the defendant attends a drug
diversion program (usually, a series of classes referred to as PC 1000 or
Prop 36). During the time in a diversion program, drug testing may be done randomly
and a "dirty" or positive test can create new legal problems
or get that person kicked out of the diversion program altogether. Should
the defendant violate the terms of his/her diversion program, and not
be allowed back in, the court may go ahead and sentence the defendant (as
the defendant has already entered a plea and can be sentenced on that plea).
Successful completion of the diversion program will mean the case ultimately
gets dismissed (in lieu of being sentenced) and there will be no conviction on
your record.
PC 1000 and Proposition 36 send “drug offenders” to court supervised treatment programs instead of jail or prison and has been found to be successful at treating abusers of drugs. These programs, however, have limits. They are not available for individuals accused of the sale or manufacturing of drugs, or charged with a violent offense, or for those who have a prior conviction for a violent crime (with possible exception of some domestic violence cases). The sentencing for these programs consists of probation and drug treatment, and it specifically states that a defendant shall not be required to spend time in jail as a condition of probation. It also mandates dismissal of charges when treatment is completed.
One of the reasons you need a knowledgeable and experienced criminal defense attorney is to have someone on your side that knows what programs you are eligible for and how to keep your record clean!
Other Limits to Proposition 36
Any person that has previously been "convicted" of one or more serious felonies is excluded
(the offenses are listed under Sections 667.5 or 1192.7 of the Penal Code).
However, if the person has a "Sustained Juvenile Petition" (which is similar
to an adult "conviction”), Welfare and Institutions Code Section 203 states
that "an order adjudging a minor to be a ward of the juvenile court
shall not be deemed a conviction of a crime . . . nor shall a proceeding
in the juvenile court be deemed a criminal proceeding." Since proposition
36 expressly requires that a person be "convicted" of a serious
felony to be excluded, and the Welfare and Institutions Code explicitly prohibits
a juvenile court disposition from being deemed a conviction; then a person
with a prior juvenile record may qualify for Proposition 36. However, a recent
Appellate Court decision eliminates proposition 36 for individuals convicted
of DUI in the same proceeding.
Drug Courts
In many counties in California, there now exists “drug court.” These specific
courtrooms within each courthouse in the county are charged with the
responsibility of handling the close supervision of select felony and
misdemeanor cases involving non-violent drug-addicted offenders through a
specialized treatment program. Generally speaking, those accepted into Drug
Court are repeat non-violent drug offenders. Drug court programs can
vary (depending on which courthouse in which county is handling the case),
but each program will commonly be separated into different phases,
where the participant will earn more freedoms each time a phase is successfully
completed. Permission to become part of the drug court program has to
be granted/ordered by a judge. And, there are those that will appear
to be a perfect candidate but for one reason or another, will not be
allowed to participate. For example, involvement is precluded for any
offender who has been charged with a violent offense or who has a prior
conviction for a violent crime (except some minor domestic violence cases)
and usually excludes those charged with sales of drugs, possession for
sale of drugs, or other serious offenses. While in most cases jail time is
not part of the program, in some it may be required. Regardless, the
case is dismissed when the program is successfully completed.
If you are facing drug charges, contact the drug crimes defense attorneys as WILL & WILL, LLP to see what we can do for you. Call now or fill out our online contact form for a free consultation.
