Facing criminal charges of any type will impact your future, although certain crimes carry more significant penalties than others. California passed Proposition 47 in 2014, amending sections of the Health and Safety Code to reclassify felony drug possession offenses as misdemeanors. As a result, most individuals convicted of the possession of a controlled substance face a maximum of up to one year in jail. However, California Penal Code 1000 specifies special proceedings in drug abuse cases, which may provide you with the option of participating in a pretrial diversion program. If you complete the program successfully, the criminal charge will be dismissed. Let’s take a look at how pretrial diversion programs work in Southern California and what you can do to make sure you take the necessary steps toward obtaining a favorable outcome following a drug possession arrest.
Understanding Drug Diversion Programs in California
Within the last decade, California has made an effort to reform the criminal justice system. Proposition 47 aimed to provide drug offenders with alternatives to imprisonment, and pretrial diversion programs offer an incentive for individuals to seek the rehabilitation or drug treatment resources they need. Defendants charged with a misdemeanor drug possession offense may ask for the court to suspend their case for a period of between 12 to 36 months. During this time, the defendant will participate in an approved diversion program. Upon successful completion, the court will dismiss the case. This means that you will no longer be legally obligated to disclose your arrest for this drug offense on any housing, employment, credit, education, or professional license application. The only circumstance under which you must disclose this arrest is on an application to become a law enforcement officer.
Eligibility Requirements for Pretrial Diversion Programs
Eligibility for participation in a pretrial diversion program hinges on several factors. The drug offense in question must not involve the sale of a controlled substance—pretrial diversion programs are for possession-related offenses. The underlying offense must not be violent in nature or include any threats of violence. You should demonstrate that you have no previous felony convictions within the five years leading up to this drug offense, and there can be no history of previous probation or parole violations. If you believe that you may be eligible for a pretrial diversion program, contact a knowledgeable drug crimes attorney to discuss your specific circumstances.
Taking Steps Toward a Brighter Future
While there are several benefits to participating in a pretrial diversion program, it’s best to speak with a trusted criminal defense lawyer before you proceed. There may be other legal options that could serve your needs more directly and comprehensively, so don’t hesitate to contact an attorney as soon as possible to go over all your available strategies. No matter what the details of your case may be, your attorney will work with you to help you obtain the best possible outcome given the specifics of the situation.
For more information about drug charges in Los Angeles County, call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a trusted criminal defense attorney.
