San Jose Drug Crime Defense Lawyer

Drug Diversion – Alternative Sentencing for Drug Crimes

Under California Penal Code Section 1000, drug diversion is offered as a program to provide treatment to drug offenders in lieu of jail time. This is typically available only to first-time, non-violent drug possession offenders or those who have been convicted of being under the influence of a controlled substance.

Were you arrested for a drug crime in the San Jose area? An attorney at our law firm can help. Not only are we experienced in defending clients against all types of drug charges, but we are also familiar with the drug diversion program and can help you understand your rights in this regard.

How Does Drug Diversion Work?

If a defendant qualifies for drug diversion, he or she will essentially plead “guilty” or “no contest” to the charges he or she is facing. Also referred to as a deferred entry of judgment or DEJ, judgment is postponed for 18 months while the defendant completes a mandatory drug abuse treatment program, which may last 12 weeks or more. If the defendant successfully completes the program and remains drug free and out of trouble for the entire 18-month time period, the court will dismiss the case. It will be as though the arrest never even occurred.

If a defendant violates the terms of the drug diversion program by failing to complete treatment, being arrested or resting positive for drugs during the probationary period, the court can enter judgment. This means that the court can essentially then convict the defendant of the crime he or she was charged with. At this point, the defendant would face the full penalties for the crime, including possible jail or prison time.

Interested in finding out more about drug diversion and how this may affect your San Jose drug charges? Do not wait to contact our firm to discuss your particular case. We can offer you valuable insight into the matter in order to determine the best approach.

Contact a San Jose Drug Crime Attorney at the Law Office of Thomas F. Mueller today.