What is Deferred Entry of Judgment?
Under California Penal Code §1000, a defendant accused of possession of a controlled substance may be eligible for a drug diversion program in lieu of going to jail.
Am I eligible for Deferred Entry of Judgment?
Defendants accused of violating: California Health and Safety Code Section 11350, 11357, 11358, 11364, 11368, and 11377; California Vehicular Code 23222(b); California Penal Code Section 381, 647(f) and 653f (d); and California Business and Professions Code Section 4060 may be eligible for Deferred Entry of Judgment.
If the defendant has been charged with one of these crimes, the defendant must be a first time offender and not have any other offenses involving possession or sales of controlled substances on his/her record to be eligible for Deferred Entry of Judgment. In addition, the charges must not involve violence, the defendant cannot have had probation or parole revoked; and the defendant must not have any felony convictions within five years prior to this offense. If the defendant satisfies this criteria, the prosecution may agree to let the defendant enter the Deferred Entry of Judgment program.
What happens if I do Deferred Entry of Judgment?
If the defendant wants to take advantage of Deferred Entry of Judgment, the defendant must plead guilty to the charge; however, after successfully completing a series of classes focused on drug treatment, the case will be dismissed after 18 months, provided the defendant stays out of trouble with law enforcement. If the defendant fails to complete the program or is kicked out of the program, the charges will not be dismissed and the defendant will be sentenced to jail.
Why Hire the Mortlock Law Group
If you have been charged with a drug crime and are interested in participating in a drug program, you should contact a San Diego drug lawyer as soon as possible. Failure to contact a San Diego drug attorney at the outset of your case could result in the denial of deferred entry of judgment or other diversion programs. The North County San Diego drug attorneys of the Mortlock Law Group are experienced in drug cases and have successfully convinced prosecutors to allow our clients to complete Deferred Entry of Judgment (P.C. 1000). If you have been charged with a drug crime and wonder if you might be eligible for Deferred Entry of Judgment or other diversion programs, please contact the Mortlock Law Group for a free consultation.