PC § 1000 & Drug Diversion

PC § 1000 & Deferred Entry of Judgement
Explained by San Diego Defense Attorneys

An individual that is found under the influence or in possession of drugs may be able to complete an educational and counseling program and have their case dismissed and sealed. This program is colloquially known as “PC § 1000 Drug Diversion”.

What is Drug Diversion?

In 2000, Californians recognized that putting drug users behind bars was a losing game. Drug use was slowly being viewed as a clinical issue instead of a crime. In response, we passed “Proposition 36” that gave nonviolent, first offenders the ability to court overseen rehabilitation instead of time behind bars. The program was successful and in response, the legislature passed California Penal Code 1000 an even more beneficial program for defendants caught under the influence of drugs or in possession of usable amounts of drugs.

What Cases Qualify for Drug Diversion?

In order to qualify for Drug Diversion or PC § 1000, the charge must be one of those listed in California Penal Code § 1000.

Health & Safety

• Section 11350 – Possession of Controlled Substance
• Section 11357 – Possession of Marijuana
• Section 11364 – Possession of Drug Paraphernalia
• Section 11365 – Knowingly in Drug Use House or Location
• Section 11377 – Personal Possession of Controlled Substance
• Section 11550 – Under Influence of Controlled Substance
• Section 11358 – Marijuana Cultivation
• Section 11368 – Using Forged Perscription to Gain Drugs

What Must Be Shown?

In order to be granted PC § 1000 or drug diversion, we must show the following:

1. the Defendant has no previous controlled substance offense conviction,
2. the Current Charged Offense didn’t involve violence or threatened violence,
3. the Current Charged Offense only involved drugs listed above,
4. the Defendant’s Record doesn’t show within the past 5 years a successful PC 1000 or unsuccessful PC 1000,
5. the Defendant had no felony conviction within the past 5 years.

PC § 1000 Programs

The programs that one can complete must be certified according to California Law. San Diego has 6 locations within the county. In order to attend one, the Defendant must get a “court referral”.

Central San Diego County

East San Diego County

North San Diego County

South San Diego County

What Can An Attorney Do?

Our attorneys have successfully helped defendants get accepted and complete California Drug Diversion under PC § 1000. In some cases, we may be able to dismiss the charges without having to complete drug diversion.

Our Service: Felony Court Representation includes representing the defendant in front of the District Attorney and Court.