Los Angeles Drug Possession Lawyer
DIVERSION PROGRAMS IN LOS ANGELES | Los Angeles Drug Possession Defense Attorney
Los Angeles Drug Possession Lawyer | Law Advocate Group, LLP
Drug convictions have life-changing consequences. They can haunt you for the rest of your life. In California, these convictions can be seen by employers, landlords, banks and others. They can interfere with employment, can interfere with renting an apartment and can lead to deportation.
It is important to do everything possible to prevent a conviction for a drug charge or to reduce the charge in order to minimize the impact it could have on your life. A skilled Los Angeles Drug Possession Lawyer from the Law Advocate Group, LLP is experienced in negotiating alternative sentences (for example, a drug treatment program) rather than jail. Let the Drug Possession defense attorneys of Law Advocate Group, LLP explain your options and provide an aggressive defense.
Deferred Entry of Judgement | Drug Diversion Programs
Deferred Entry of Judgment (Penal Code Section 1000) Deferred Entry of Judgment (also known as DEJ or Drug Diversion) is a sentencing alternative to jail or prison that is available to individuals who have been charged with certain drug offenses. DEJ is the suspension of criminal proceedings for a prescribed time period with certain conditions after a defendant’s guilty plea. For example, in DEJ, the defendant pleads guilty to the drug charge, but sentencing is continued to a later time (six to 18 months). Sentencing remains suspended so long as the defendant satisfies various conditions (for example, drug treatment, court appearances, counseling, drug testing). If the defendant does not successfully fulfill the conditions of the DEJ, the criminal proceedings resume, and the defendant, having already pled guilty, is sentenced. On the other hand, if the defendant successfully meets the conditions of DEJ, the criminal charges are dismissed and the defendant may, with certain exceptions, legally answer that he or she has never been convicted of the diverted offense. Deferrable Drug Offenses
Not all drug offenses are eligible for Deferred Entry of Judgment.
The deferrable drug offenses are contained in California Penal Code section 1000(a). They include:
- Possessing controlled substances and/or restricted drugs
- Possessing marijuana
- Possessing drug paraphernalia
- Aiding, assisting or abetting the unlawful use of controlled substances
- Possessing prescription medications without a prescription
- Using or being under the influence of a controlled substance
- Possessing a glue-like substance with the intent to inhale it and become intoxicated
- Cultivating marijuana for personal use
- Creating or using a forged or altered narcotic medication prescription for personal use
Other DEJ Requirements
In addition to the drug offense being deferrable, all of the following conditions also have to be satisfied:
- The defendant has no prior controlled-substance convictions
- The current case cannot involve a crime of violence or threatened violence
- The current case cannot involve a drug offense that is not deferrable (for example, if the defendant is charged with possession of marijuana (a deferrable offense) and driving under the influence of drugs and alcohol (not a deferrable offense) DEJ would not be available)
- Any prior probation or parole must have been successfully completed
- The defendant has had no felony convictions for the past five years; and
- The defendant cannot have been granted deferred entry of judgment (DEJ) previously
- Unsuccessful Termination of DEJ
Ultimately, getting the criminal charge dismissed depends on the defendant’s actions. A number of situations can result in the court terminating DEJ, entering judgment (that is, conviction) and sentencing the defendant to jail or state prison. Some of these situations are:
- The defendant fails the DEJ program (for example, not appearing in court, failing drug tests, not going to counseling).
- The defendant is not benefiting from education, treatment, or rehabilitation.
- The defendant is convicted of a misdemeanor that reflects the defendant’s propensity for violence.
- The defendant is convicted of a felony.
- The defendant has engaged in criminal conduct rendering him or her unsuitable for deferred entry of judgment (DEJ).
If you are terminated from the DEJ program, then Proposition 36 may be available to you.
Law Advocate Group, LLP | Beverly Hills Drug Possession Defense Attorney at Law
If you have been accused of a drug offense, call our firm and speak to a qualified and experienced criminal defense attorney for a FREE CONSULTATION. A California drug charge is a serious matter. You need a skilled criminal defense attorney on your side. We are prepared to meet with you and your family to privately and confidentially discuss the specific facts of your case and your options.
Our Los Angeles Drug Possession Lawyer are Experienced & Thorough
Our Los Angeles Drug Possession Lawyers are based in Beverly Hills, Los Angeles where our lawyers have acquired over 80 years of combined experience in legal representation. Our skills and knowledge are a top resource for our clients that has been recognized by industry peers and judges. If you have a criminal matter specifically involving drug possession, please take a moment to fill out the form below so that we may get in contact with you.