May 14, 2014

shows the picture of a crossroad

Deferred Entry of Judgement on Drug Cases

Deferred entry of judgement Drug Diversion is for nonviolent drug offenders in the California Court System. It is for people who get arrested on drug charges and can benefit from rehab and education rather than going to jail. Deferred Entry of Judgement is a type of plea to avoid going to jail or ending a case with a criminal record. In order for Deferred Entry of Judgement to take place, there needs to be a drug crime and it was not for distribution. Then there will be an agreement to enter into a drug treatment class with several follow-up court dates to show a progress review then the final sentencing court date to show successful completion for dismissal.

Deferred Entry of Judgement

Condition of Using Deferred Entry of Judgement to Dismiss Your Case.

  1. 1 The defendant enters a guilty plea guilty to the charges with the condition that the case will be dismissed if he or she completes their end of the bargain. This will include successful completion of a drug program.

    2 The judge says whether he or she can go into drug diversion if the requirements are met. If it is met then the judge will suspend the proceedings for a period of time for the diversion. This period of time for deferred entry of judgement is usually for 18 months but can be up to 3 years.

Completing Deferred Entry of Judgement 1000PC Classes

The defendant must go through an initial assessment by the court and the district attorney. There will be a minimum of 20 hours of education and counseling at a program that is approved by probation. A future court hearing will be put on calendar to check how you are doing in the drug treatment program. These future court hearings are called progress reports and are put on the calendar to make sure you do not pick up new misdemeanor offenses while you are in the drug court program. The court will get a report from the drug program administrator about you. If the report says you are on track then you will be sent back to the drug education class to complete it as planned with the hope that you will have successful completion of your program.

Additional Court Dates with Deferred Entry of Judgement

The additional dates on your program are to check on your progress and to make sure you complete the conditions of your deal. If the defendant completes these conditions and shows successful completion of drug counseling from the agencies via a certificate or some kind of successful completion in the drug program then the charges and the criminal record will be dismissed at the sentencing hearing.

Failure to Complete Deferred Entry of Judgement

On the other hand, it may show that you have not complied with the program on these additional dates. Not having a successful completion or failing to meet any of the conditions or having new criminal conduct can result in criminal charges moving forward which results in a conviction, the loss of diversion privileges, and the original charge coming back. It’s important to follow thru with the probation department requirements in order to not lose the dismissals on the deferred entry of judgement on drug cases in California.

Eligibility for Deferred entry of judgment

Most drug crimes are eligible crimes that can lead to Deferred Entry of Judgement. In order to be eligible for Deferred Entry of Judgement Drug Diversion the defendant must meet two criteria set by the probation departments. You possessed drugs or were using them. You were not selling them. In addition, the crime must have not have included violence or threats. This includes but are not limited to cultivating drugs for personal use. Other crimes like Public intoxication disorderly conduct may have a diversion component to them but it will not be deferred entry of judgment.

Having these may Disqualify you from Deferred entry of Judgement

Personal history will also be taken into account. You must have no recent drug-related crimes. No revoked probation or parole without completion. Participation in a drug diversion program within a 5 year period of this offense. Or a felony 5 years before this offense which involves violence. Having any of the above circumstances will disqualify you from being eligible for this type of diversion on your deferred entry of judgement hearings.

Bill Text Section 1000 of the Penal Code is amended to read: (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section 11375, Section 11377, or Section 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety Code if the narcotic drug was secured by a fictitious prescription and is for the personal use of the defendant and was not sold or furnished to another, or subdivision (d) of Section 653f if the solicitation was for acts directed to personal use only, or Section 381 or subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance, or Section 4060 of the Business and Professions Code, and it appears to the prosecuting attorney that, except as provided in subdivision (b) of Section 11357 of the Health and Safety Code, all of the following apply to the defendant: (1) Within five years prior to the alleged commission of the charged offense, the defendant has not suffered a conviction for any offense involving controlled substances other than the offenses listed in this subdivision. (2) The offense charged did not involve a crime of violence or threatened violence. (3) There is no evidence of a contemporaneous violation relating to narcotics or restricted dangerous drugs other than a violation of the offenses listed in this subdivision. (4) The defendant has no prior felony conviction within five years prior to the alleged commission of the charged offense. (b) The prosecuting attorney shall review his or her file to determine whether or not paragraphs (1) to (4), inclusive, of subdivision (a) apply to the defendant. (leginfo.legislature.ca.gov)

Talk with a Criminal Defense Attorney about Deferred Entry of Judgemnt on Your Drug Case.

Make sure to have an attorney that can represent you for deferred entry of judgement as it can mean the difference between getting a dismissal vs the case continuing on.

Your Criminal Defense Attorney Should be Near You and a Local.

Do not hire an Out of Town attorney for your case. If you are a defendant in a judge crime or have an upcoming drug case in court then you should consult with criminal defense attorneys near you. It’s important that you talk with someone near you because a local attorney will be familiar with the probation department, diversions programs available, and the courtrooms that your hearings will be held in to avoid a criminal conviction on your criminal case. Having an advocate who knows the local terrain will increase your chances of having a successful completion on your deferred entry of judgment.