PC 1000 Drug Diversion
Penal Code 1000, or simply "PC 1000," is a first time drug offender program in California. There is an exception to the "first time drug offense rule" which allows repeat offenders to apply for PC 1000 (See Below).
PC 1000 is only available for certain types of drug charges. (For a list of drug charges that may qualify 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),
3. The judge orders the defendant to attend a drug treatment program, also known as PC 1000 classes.
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.
5. On the other hand, if the defendant violates the PC 1000 probation (by either not attending classes or committed a new criminal offense) then the judge, who already has the defendant's guilty plea will simply sentence the defendant (usually to jail).
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. Reinstatement should only be handled by a qualified criminal defense attorney.
The PC 1000 rehabilitation program is usually four months of drug treatment classes and the classes meet 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 or have a criminal record.
PC 1000 is not available for all drug offenses. The drug charges that qualify are usually possession of drug charges and some transportation charges. For a complete list of the type of criminal drug charges that qualify for PC 1000 contact a criminal defense attorney.
In addition, to qualify for PC 1000, the defendant must meet all of the following:
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 under 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 cannot be in violation of probation at the time he or she applies for PC 1000 program.
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.
PC 1000 is a great option for defendant who maintain professional licenses and are charged with a drug offense. The reason for this is that a criminal charge, after successful completion of PC 1000, rarely affects the defendant's professional license. (For more on professional licenses and criminal conviction please see Professional License & Crimes).
Note: 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 and the programs are in almost every county in California.
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 than 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 in California it is very important to retain a lawyer who understands the benefits and limitations of the PC 1000 program.
For More information on PC 1000 contact the Law Office of Criminal defense attorney Christopher Dorado today for a free consultation.
Criminal defense attorney Christopher Dorado will patiently explain the availability and the limitations of PC 1000. 100% of attorney Dorado's practice is limited to criminal defense and our office is available 24/7 to handle all of your questions. Call today