DRUGS AND NARCOTICS – Criminal Defense Attorney
Most drug cases involving small amounts of drugs or narcotics for personal use can now be diverted out of the criminal justice system and resolved through various treatment programs prescribed by either Penal Code §1000 et. seq. or Proposition 36. If successfully completed these programs allow for the expungement of a criminal record.
Many law enforcement personnel consider these laws too liberal and therefore it is quite common for drug arrests to be filed as possession for sale, transportation, or sales cases, all of which carry potential prison terms, despite the fact that the evidence supporting those charges may be relatively weak.
Defending these cases requires the aggressive use of motions to suppress the evidence, questioning the lawfulness of the search and/or the arrest, thorough investigation regarding law enforcement use of informants, and defense expert testimony on whether the evidence seized was for personal use or sales or distribution to others. Defending these cases in this manner can be the difference between a felony conviction with a prolonged jail or prison term – and no permanent record and no time in custody.
What sort of cases can be diverted through drug treatment programs?
Both Penal Code §1000 and Proposition 36 are drug treatment programs ordered by the Court as an alternative to jail. While both programs have the same goals, they differ in eligibility based on the crime the client is charged with. Check the list below to see what your eligibility is and what the disqualifying factors for each program are:
Penal Code §1000
Health & Safety 11350
Health & Safety 11357
Health & Safety 11364
Health & Safety 11365
Health & Safety 11377
Health & Safety 11550
Health & Safety 11358
Health & Safety 11368
Proposition 36
ALL NON-VIOLENT
DRUG POSSESSION CHARGES
DISQUALIFYING FACTORS DISQUALIFYING FACTORS
If any of these factors are present you will not qualify for these programs:
Penal Code §1000
Prior convictions for any offense involving Controlled substances
Crime charged involves violence.
Evidence of drug violation aside from the Offense you are now charged with
Probation or parole has been revoked in the
past without ever being completed
Received diversion within the past five years
Prior felony conviction within the past five years
Proposition 36
Current offense involved transportation not for personal use
Current offense involves possession not for personal use
Current offense involved USE of a firearm
Current offense involves misdemeanor not related to the use of drugs.
Current offense any felony which is not a drug offense.
Defendant refuses drug treatment as part a part of probation
Defendant is unavailable to begin treatment within 30 days.
Defendant has serious or violent prior conviction over five years old AND:
1) Felony conviction for non drug offense with in the past 5 years; or
2) Misdemeanor conviction involving physical inquiry or threat of physical injury within past 5 years; or
3) Defendant has been in prison within 5 years.
