Imagine you are pulled over for being under the influence of drugs and when the arresting officer searches you, he finds a forged prescription in your person. You are charged with simple possession and for forging a prescription to obtain a controlled substance. Maybe this is your first offense and you don\u2019t want a criminal record. Or perhaps you have a couple of misdemeanors but this is your first time facing drug charges. Either way, you don\u2019t want to do time! If you are a first-time drug offender, you could be a good candidate for California\u2019s Drug Diversion Program. Contact our defense team, experienced San Diego criminal attorneys<\/a> to secure a diversion program that best fits your situation. You can reach him anytime at (619) 405-0063.<\/p>\n Diversion under California PC 1000 offers first-time non-violent drug offenders facing charges for particularized drug possession offenses, the opportunity to enter a deferred entry of judgment program. Instead of a conviction, this program offers rehabilitation thru treatment and education. Ultimately, successful completion of the program will result in the charges getting dismissed.<\/p>\n In consideration of the seriousness of controlled substance abuse, California Penal Code section 1000 gives first-time drug offenders the opportunity to be diverted out of the criminal justice system and into a drug rehabilitation program. Under this law, diversion is available to \u201cAny person charged with a violation of sections 11350, 11357, 11358, 11364, 11365, 11368, 11375(b)(2), 11377, or 11550 of the Health and Safety Code, or section 23222(b) of the Vehicle Code, or sections 381, 647(f), or 653(d) of the Penal Code, or section 4060 of the Business and Professions Code, and who the prosecuting attorney determines that all of the following apply to:<\/p>\n Basically, eligibility for diversion under California\u00a0PC 1000 is at the prosecutor\u2019s discretion, it is not statutorily required. This means that the District Attorney\u2019s Office does not have to offer diversion. To make the determination, the prosecutor looks at the following two factors:<\/p>\n The original drug charge must be for personal use of a controlled substance. This means that a person charged with intent to sell does not qualify for a drug diversion under California PC 1000. In addition, the charged offense must not involve any allegations of threats of violence or violence.<\/p>\n In San Diego, the District Attorney\u2019s office has discretion to use a defendant\u2019s criminal history to decide whether or not the individual is eligible for a drug diversion program under California PC 1000. The prosecutor will look thru your criminal record for any prior drug convictions, revocations of probation or parole, felony convictions, or deferred entry of judgments within five years of the current charged offense. If the prosecutor finds any one of these in your criminal record, you will not be eligible for a drug diversion program under California PC 1000.<\/p>\n California PC 1000 only offers deferred entry of judgment for these specific drug offenses:<\/p>\n It is important to note that being charged under any one of these offenses alone does not automatically qualify you for diversion, you must also personally qualify.<\/p>\n The diversion program is designed for first time or low-level offenders. Individuals that have no history of serious criminal behavior and are facing charges for a low level minor non-violent crime. A defendant that has been charged with one of the offenses listed above must not have had a prior conviction for the same offense currently being charged.<\/p>\n The diversion program is not available to a defendant whose criminal record has any one of the following:<\/p>\n <\/p>\n The best way to obtain drug diversion is with the help of an experienced diversion criminal defense attorney. Under California PC 1000 diversion is discretionary, which means it is up to the prosecutor to offer a diversion program. Moreover, the District Attorney\u2019s Office does not offer diversion programs to everyone that qualifies. That is why it is imperative to hire a reputable criminal defense attorney that has strong relationships with the District Attorney\u2019s Office so that it will be easier to negotiate for diversion in your case. Ultimately, diversion is a deal between the prosecutor and the defense attorney, the court\u2019s role is to facilitate that agreement.<\/p>\n Once your defense attorney establishes that you are a good candidate for diversion and negotiates an offer with the prosecutor, the presiding judge will inform you of the terms of the offer and order you to complete a diversion program. As a condition to enrollment in diversion you will be asked to plead guilty to the charges. However, the plea will not be formally entered into the system, the judge will suspend the criminal proceedings against you for a period of up to eighteen months. During this time, you are expected to successfully complete the diversion program and pay all the fees associated with the case. Upon successful completion of the diversion program ordered by the court, the judge will vacate your guilty plea and dismiss the charges against you. However, it is important to note that if you do not complete the diversion program or follow the terms laid out by the court, the judge will reinstate your guilty plea and sentence you.<\/p>\n If you are currently facing drug charges in San Diego<\/a>, whether it’s a drug diversion or a drug sale and transportation charge,<\/a> it is important that you understand your rights. When it comes to drug diversion, you should have a thorough understanding of how drug diversion programs work. Remember that eligibility for diversion under California\u00a0PC 1000 is NOT statutorily required. Which means that even if you qualify, the District Attorney\u2019s Office does not have to offer you a diversion program.<\/p>\n The best way to get into a San Diego diversion program is with criminal defense lawyers on your side. We’re experienced diversion attorneys, well respected in the San Diego legal community, and we’ll do everything necessary to fight for your enrollment in a program. Successful completion of a diversion program under California PC 1000 would dismiss your case and you could avoid a conviction on your record. You cannot afford to risk this opportunity. In case you have any questions about a drug diversion program in San Diego, contact us at 619.405.0063 or visit www.monderlaw.com<\/a>.<\/p>\n Drug Diversion in San Diego Imagine you are pulled over for being under the influence of drugs and when the arresting officer searches you, he finds a forged prescription in your person. You are charged with simple possession and for forging a prescription to obtain a controlled substance. Maybe this is your first offense and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-156","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nWhat does drug diversion or diversion of medication mean?<\/h2>\n
Understanding Penal Code Section 1000<\/h2>\n
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Requirements for Drug Diversion in San Diego<\/h2>\n
First, the charged offense.<\/h3>\n
Second, the defendant\u2019s criminal history.<\/h3>\n
What offenses qualify\u00a0for drug diversion?<\/h2>\n
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Who qualifies for drug diversion?<\/h2>\n
Who does not qualify for drug diversion?<\/h2>\n
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What Are the Most Common Controlled Substances in Drug Diversion Cases?<\/h2>\n
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How to Obtain a Drug Diversion Offer?<\/h2>\n
How Does Diversion Work?<\/h2>\n
Your Best Defense against Drug Diversion Charges in San Diego<\/h2>\n
Contact San Diego Drug Diversion Criminal Defense Attorneys for a FREE consultation today at: 619-405-0063<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"