Deferred Entry of Judgment

Under California Penal Code § 1000, a drug possession for personal use first offense case may be eligible for "deferred entry of judgment." This can be a very attractive option for the right person. However, it has drawbacks that are significant and hidden that render it inappropriate for all, even if approval is obtained. Please contact Attorney Lavallee to discuss specific facts of individual cases. Issues arise under this scheme because a defendant must plead guilty to the charge, but the case is then put on hold for up to 18 months, and nothing appears on the defendant's record. During those 18 months, the defendant must take drug awareness and education classes for 6 months, and cannot be arrested or convicted of any other crimes. If the defendant successfully completes his classes and stays out of trouble for those 18 months, the original charge is dismissed. The benefit to the client is a clean record and the freedom to get on with his life. Clearly, if defendants are addicted, and are not able to stay clean for the duration, then they have set themselves up for failure, and the important defenses to the underlying charges are no longer available because of guilty pleas.

To be eligible for a deferred entry of judgment, a defendant must not be charged with any other offenses in the same case as the drug charge. The defendant must also be approved for a deferred entry of judgment by the probation office, the district attorney, and the judge.

Proposition 36 Diversion

For those nonviolent drug offenders who are not eligible for deferred entry of judgment, the Proposition 36 diversion program offers treatment instead of prison. (California Penal Code § 1210 et seq.)

To enter Proposition 36 diversion, a defendant must first be convicted of a nonviolent drug offense, such as possession, use, transport for personal use, and being under the influence. Like in the deferred entry of judgment scheme, a defendant is ineligible for Prop 36 if he is convicted in the same proceeding of any felony unrelated to drug possession, or of a non-drug-related misdemeanor. Importantly, Proposition 36 remedies do not require an early plea of guilty, and can even survive a trial. Thus, the defendant retains the oppertunity to raise important defenses and fight the case on the merits. Contact Attorney Lavallee to discuss individual cases.

If a defendant is found eligible, he will enter either inpatient or outpatient drug treatment, with periodic review by the court. If a defendant violates the terms of his Prop 36 probation, he can be removed from the diversion program and sentenced for the original crime under standard sentencing laws. Staying in the program, and staying off controlled substances are the key. Additional addiction management strategies beyond what the court requires can help ensure success. We can also help refer clients to appropriate assistance on a case by case basis.

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