San Diego Drug Defense Lawyers
Penal Code § 1000 and Proposition 36 were both enacted to afford nonviolent drug offenders alternatives to incarceration for drug possession. These statutes provide for diversion programs designed with purpose of rehabilitation rather than punishment.
Incarceration has proved to be an ineffective and at times counterproductive tool in combating harm caused by drug abuse. PC §1000 and Prop. 36 were enacted to better address the practical harm of nonviolent drug offenses and to minimize the costs to the state of incarcerating nonviolent drug offenders.
Penal Code § 1000
PC §1000 is designed for first-time offenders of nonviolent drug crimes, including being under the influence of a controlled substance, possession of a controlled substance, or possession of drug paraphernalia. (This section does not apply to possession for sale, production, or manufacturing of a controlled substance.)
While the court has the power to order the offender to serve jail time, PC § 1000 is an alternative program that the court may afford. PC § 1000 allows the individual to avoid serving jail time and to ultimately rid the offense from their record completely. In order for the individual to qualify under PC § 1000, they must meet the following criteria:
- The individual must have no prior convictions for any offense involving controlled substances
- The present offense did not involve any actual or threat of violence
- The individual must not have revoked parole or probation on their criminal record
- The individual must not have a felony conviction within the past 5 years.
Upon meeting the criteria above, the individual then must enter a guilty plea. The court then orders the individual to complete the terms of the PC §1000 program which includes a 12 week drug and alcohol course. Additionally, the offense will be deferred for a period of 18 months provided the individual maintains a clean record free of arrests. If these terms are met, at the end of the 18 months, upon request, the court will dismiss the charge completely.
Proposition 36 is a sentencing option similar to PC §1000 that is available for first and second-time drug offenders. Like PC §1000, it is available to nonviolent drug offenders as an alternative to serving time in prison. It applies to the same offenses mentioned above involving use or possession of controlled substances.
Prop 36 is enforced as a condition of the terms of probation and unlike PC § 1000, greater discretion is given to the court with regards to the duration, type, and costs of treatment that the individual must complete. Once the individual successfully completes the terms of treatment and complies with the conditions of probation to the satisfaction of the court, they may petition the court to dismiss the conviction completely. Once dismissed, the conviction may be deemed to have never occurred, removed from public record, and protected from disclosure under most employment circumstances.
Legal Help for Drug Charges in San Diego, CA
As it is in the courts discretion to grant PC § 1000 and Prop 36 treatment, an individual charged with the applicable offenses bears the burden to persuade the court that these programs are in their best interests, as well the best interests of the state. Therefore it is critical that your lawyer understands the criteria the court will consider and argues persuasively in your favor so that you receive the best treatment available in lieu of jail. The alternative to these PC § 1000 and Prop 36 can result not only loss of freedom, but costly fees and long drawn out burdensome criminal proceedings.
Attorney Kohnen at The Law Office of Marc S. Kohnen has years of experience fighting for clients accused of drug offenses. If you or a loved one has been arrested and charged with use or possession of a controlled substance, call the firm today to learn about alternative drug rehabilitations programs.
“When I met Marc, I was immediately relieved. His calm and professional demeanor was exactly what I needed. He handled my case without a hiccup.”
Heather M. | Rosemead, CA
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Contact The Law Office of Marc S. Kohnen if you have been arrested and charged with a crime and need a skilled San Diego criminal defense lawyer. The firm represents clients throughout the community, and you can learn about their services by visiting the Areas We Serve page.Office of Marc S. Kohnen
1350 Columbia Street, #700
San Diego, CA 92101