PRACTICE AREAS
PRACTICE AREAS
Under California law, a person accused of low level narcotics offenses may be eligible for diversion if they meet specific conditions. The specific offenses eligible for diversion are:
In addition to one or more of the above offenses being charged, the following conditions must be met:
(See Penal Code section 1000.)
If a person is eligible and agrees to accept diversion, the court will require a guilty plea to the charges. Sentencing is then continued while the person completes a treatment program. If the person successfully completes the treatment program, the court will dismiss the charges.
According to Penal Code section 1000.4 , “Upon successful completion of a deferred entry of judgement program, the arrest upon which the judgement was deferred shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted deferred entry of judgement for the offense, except as specified in subdivision (b).”
Subdivision (b) states that even if the person successfully completed deferred entry of judgement, he or she must disclose the arrest when asked for any application for a peace officer position as defined in Penal Code section 830.
If you are looking for an experienced, reliable criminal defense attorney who understands all aspects of resolving a criminal case and will work to keep your criminal history clear, schedule an appointment on this web site or call to set up a time to meet and discuss your case.
The post Am I Eligible for Criminal Diversion? appeared first on Ryan Birss, Attorney at Law.
Request consultation
© 2021 Law Office of Andrew P. Rundquist. All Rights Reserved.