PC 1000 Drug Diversion.
Penal Code 1000 also known as Diversion or simply PC 1000, is a first time drug offender program in California (There is an exception to the "first time offense rule" which allows repeat offenders to apply for PC 1000. See Below).
How PC 1000 works:
1. The defendant pleads "guilty" to the charged drug offense,
2. The judge temporarily puts the defendant's guilty plea aside (instead of immediately sentencing the defendant to jail),
3. The judge orders the defendant to attend a drug treatment (PC 1000) program, (See Below for more information on the PC 1000 program)
4. If the defendant completes the PC 1000 program, and he or she commits no other crime during the PC 1000 probation period, the judge will dismiss (or divert) the defendant's drug case and the defendant will have no criminal record......................................
On the other hand, if the defendant does not complete the PC 1000 rehabilitation program, or the defendant commits a new criminal offense during the PC 1000 probationary period, then the judge will already have the defendant's guilty plea and the judge will simply enter that guilty plea and sentence the defendant (It is sometimes possible to "reinstate" the defendant into the PC 1000 program as opposed to sentencing the defendant to jail when the defendant has violated the terms of his or her PC 1000 probation. See Below)
The PC 1000 rehabilitation program is usually four months long and meets once a week. This is much preferred to a jail sentence for most defendants because if the defendant completes the PC 1000 program their drug case will be dismissed and they will never have to go to jail.
PC 1000 is not available to for all drug offenses. The qualifying offenses are limited to the following:
1. Health & Safety Code Sections: 11350, 11357, 11364, 11365, 11377, or 11550,
2. Vehicles Code Section 23222(b),
3. Health & Safety Code Section 11358, if marijuana planted is for personal use,
4. Health & Safety Code Section 11368 if narcotic drug was secured by false prescription for personal use,
5. Penal Code Section 647(f) if defendant was under the influence of a controlled substance,
In addition to being a qualifying offense (listed above), all of the following must apply to the defendant:
1. The defendant has no conviction for any offense involving a controlled substances prior to the allege commission of the current offense (there is an exception to this rule if the previous criminal charge was diverted (PC1000) more than five years prior to the current offense).
2. The offense charged did not involve a crime of violence or threatened violence,
3. There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections listed above.
4. The defendant's record does not indicate that probation or parole has ever been revoked without thereafter being completed (In other words the defendant cannot be in violation of probation at the time he or she applies for PC1000 diversion).
5. The defendant's record does not indicate that he or she has successfully completed or been terminated from diversion within five years prior to the alleged commission of the charged offense.
For defendants that are not eligible for PC 1000 it may be possible for those defendant's to receive the benefits of Prop 36which is a multiple offender drug treatment program designed similarly to PC 1000. For more information please see Prop 36 Program.
Furthermore, if the qualifying offense is a charge of Health & Safety Code Section 11368 by a doctor or pharmacist, the administrative agency for those professions may still restrict the medical licenses of those defendants.
PC 1000 programs do not have to be completed in the county where the defendant committed the drug offense. There are many PC 1000 programs in California in almost every county.
Finally, if the defendant has been place on PC 1000 and he or she commits a new offense during the probationary period, or the defendant does not attend the PC 1000 drug treatment classes it is possible that the defendant may be "reinstated" into the program without harsh penalty from the judge. Whether or not the judge will be so lenient depends on the facts of each case. For example, a defendant who commits a minor criminal offense while on PC 1000 probation (minor misdemeanor), or a defendant who misses only a few PC 1000 classes, has a much greater chance of reinstatement into the PC 1000 program then does a defendant who has been reinstated several times or a defendant who commits a major criminal offense (felony).
If you have been charged with a drug crime it is very important to retain a lawyer who understands the benefits and limitations of the PC 1000 program and whether a defendant actually qualifies to benefit from the PC 1000 program...................................
For More information on PC 1000, or Diversion, visit a San Bernardino Diversion Program, or call the Law Office of Christopher Dorado today for a free consultation. 909.913.3138