Drug diversion allows someone who has been charged with a drug related offense, but has never had any prior problems with the criminal justice system a chance to rehabilitate themselves and eventually have their case dismissed.
The elements of drug diversion are found in Penal Code Section 1000. It is often referred to as “deferred entry of judgment”. One can qualify for drug diversion if they violate Health and Safety Code Section 11350, 11357, 11364, 11365, 11377 or 11550. Additionally, a violation of Section 11358 (cultivating or growing marijuana) can also be categorized under this section.
Anytime a drug is used for personal use and not sold, one can generally qualify for drug diversion. In addition, the following must apply:
- The defendant has no conviction for any offense involving a controlled substance prior to the alleged commission of the charged offense.
- The charged offense did not involve a crime of violence or threatened violence.
- The defendant’s record does not indicate that probation or parole has even been revoked without being completed.
- The defendant’s record does not indicate that he has successfully completed or been terminated from a drug diversion or deferred entry of judgment program within the past 5 years (which means that you have not been granted drug diversion in the past 5 years).
- The defendant has no prior felony conviction within 5 years prior to the alleged offense.
If all of these criteria are met, there is a chance of being granted drug diversion.
Typically, you would plead to the charge you were actually charged with – criminal proceedings would then be suspended, and you would then be required to complete a drug rehabilitation program 1 night a week for 10 weeks, your case is then continued and you would then come back to court. The court would continue your case for 1 year and after a period of 18 months, your case would be dismissed.
Please call our office so we can discuss whether you are eligible for drug diversion, what the requirements are and to see how you would apply for such a program. The consultation is free.
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