Proposition 36 Drug Court
Proposition 36 is a state law codified under Penal Code 1210 that allows qualifying defendants of non-violent drug charges to get a probationary sentence in lieu of jail or prison if they participate in a qualifying drug treatment program.
How Does It Work?
A person charged with a drug possession or drug transportation for personal use (not sales and non-violent) who participates in Proposition 36 will, if they successfully complete the court ordered drug treatment program, have their case dismissed in its entirety and “both the arrest and the conviction shall be deemed never to have occurred.” See Penal Code 1210.1
Typically, a client will plead “Not Guilty” of the offense, the court, prosecutor and defense attorney will meet and decide whether the defendant is eligible for Prop 36, then the defendant will plead Guilty and be granted Prop 36 probation. Defendant must enroll in the court ordered drug treatment program and submit to drug testing. Upon successful completion of the program, a status hearing is held and the case is dismissed against the defendant.
Am I eligible?
You are eligible for Prop 36 if
- You are currently being charged with a non-violent, drug possession offense.
- You agree to participate in drug treatment.
- You have not been incarcerated within the last five years for a serious or violent felony offense.
- During the commission of the crime you were not in possession of a firearm and, at the same time, was either in possession of or under the influence of cocaine, heroin, methamphetamine or phencyclidine (PCP).
- You do not have two separate drug related convictions, or have participated in Prop 36 twice before, and the court has not found that you are unamenable to all forms of available drug treatment.
We have helped many non-violent drug offenders avoid jail and prison and, ultimately, get their cases dismissed without a criminal record using Prop 36. We are experts in alternatives to incarceration in drug related offense. If you or a loved one is facing a criminal charge for drugs, give us a call at 619-649-2424 or fill out a request for consultation. You can talk to an experienced drug possession attorney today.