So you’ve been arrested with drugs in your possession and you’re facing criminal charges. You’ve undoubtedly got a number of concerns on your mind:
- Am I going to jail?
- How much will this cost me?
- What will this do to my record?
- What legal options do I have?
First of all, know that you have options and the Law Offices of David A. Stein is here to help you explore them. In recent years, the state of California has enacted a number of diversion programs to help first time offenders and individuals struggling with substance abuse to avoid lengthy jail sentences or stiff penalties. Provided your case meets the necessary criteria, you may be eligible for one or more of these programs.
But time is of the essence. While help is available for those who qualify, the prosecution will not wait for you to seek it out at your leisure. The longer you wait to secure a dedicated criminal defense attorney who fully understands the charges you face and the choices available to you, the harder it will be to build a case on your behalf. Call David Stein today and get the representation you need to secure your freedom and avoid further complication. Mr. Stein has successfully fought for his client’s rights, both in and out of the courtroom.
For more information or to schedule a case consultation, dial (949) 445-0040.
Deferred Entry of Judgment Process
In California, individuals who have been arrested for certain crimes involving drug possession, cultivation, or interaction may qualify for a Deferred Entry of Judgment otherwise known as DEJ or PC 1000 (Penal Code 1000). If your case qualifies for a DEJ which entirely depends on the charges you face, your criminal history, and the manner in which you were arrested you will have the opportunity to avoid almost all of the complications that come with criminal proceedings and conviction.
This does not, however, get you off the hook for the crime entirely. By entering a DEJ you will be required to take the following steps to avoid further prosecution:
- You will be required to enter a guilty plea to whatever charges you may be facing: simple possession of marijuana, driving while under the influence of drugs, cultivation or solicitation of certain drugs, etc.
- Your guilty plea will be entered, but effectively sealed, provided you successfully finish a court ordered drug treatment program. The program can range from 18 to 36 months, depending on your particular circumstances and the county in which you have been charged.
- Failure to finish the treatment program, adhere to the court’s direction, or commit another crime while in the program can result in your original guilty plea being “re-entered” and all charges being upheld.
How Can I Qualify for Deferred Entry of Judgment?
There are a number of stipulations that go along with PC 1000 that you must successfully meet in order to enter the program:
- You cannot have any prior convictions with a controlled substance;
- You cannot have any felony convictions within the past five years;
- You may not have committed a violent offense along with the charge(s) you currently face;
- You cannot be charged with possession with the intent to sell, in addition to your current charges;
- You cannot have ever failed to maintain a previous parole or probation; and
- It must be more than five years since your last DEJ.
For more information on PC 1000 and whether or not your case qualifies, call the Law Offices of David A. Stein today and schedule an appointment. While past convictions or current charges may seem to disqualify you from a deferred entry of judgment, our team may be able to find ways to successfully argue to the contrary. But only if you take the first step and call (949) 445-0040.