Prop 36 Drug Diversion: Who Gets It And What Is It?

Law Offices of EJ Stopyro
Orange County Drug Defense Lawyers
DUI Attorney in Orange County

If you’ve been arrested for possessing or being under the influence of drugs, you may be eligible for drug treatment (also called diversion) instead of jail time. Orange County has two diversion programs available: PC 1000 and Prop 36. If you have ANY prior drug offense on your record, you will NOT be eligible for PC 1000. This leaves only Prop 36.

Prop 36 (Section 1210 of the California Penal Code) is rather intensive drug treatment for 12 months and can be extended up to 18 months. If you successfully complete Prop 36 you will be eligible to have the case dismissed. But not everyone is eligible for Prop 36. Prop 36 eligibility is restricted to those who are charged with ONLY non-violent drug offenses: either being under the influence of drugs OR simple possession of drugs. If you are charged with manufacturing drugs, selling drugs, or possessing drugs with the intent to sell them, then you are NOT eligible for Prop 36.

Moreover, if you are also charged with a non-drug offense, such as DUI, then you are NOT eligible for Prop 36. (If you are charged with DUI and a drug offense it is imperative that you contact an Orange County DUI attorney) Another group of people who are excluded from Prop 36 are those who have a serious or violent felony (strike) on their record and that strike occurred within 5 years of the drug case. Other disqualifying factors include being armed with a firearm at the time of arrest and already having participated in two prior Prop 36 programs.

If you are eligible for Prop 36 and accept it, you will plead guilty to the charge, be put on formal probation, and assigned to the drug court. You will be required to make regular court appearances in drug court for progress reviews. You will be evaluated by and regularly visit mental health professionals. You will be required to attend drug counseling and meet with your probation officer on a routine basis. You will also be required to submit to random drug testing at any time of the day or night. 

Typically, if you violate your probation by testing dirty for drugs, you will be given several chances. If you test dirty, the judge will usually require you to attend more intensive drug treatment and be tested more often. If you continue to test dirty (usually given up to five chances unless you are found not to be amenable to drug treatment), you will be kicked out of the program and sentenced up to three years in jail or prison. If you successfully complete the program, the charges will be dismissed. However, this does not relieve you of any seven-year obligation to register as a drug offender in whatever city or county you reside.

If you are charged with a drug offense, it is important to consult with an experienced Orange County drug defense lawyer. Call the Law Offices of EJ Stopyro at (949) 559-5500 today to speak to an experienced drug defense attorney in Orange County. We’ll explain the charges against you and what your options are. The consultation is free and confidential. For more information on Prop 36 go to http://www.prop36.org/.

Law Offices of EJ Stopyro

Orange County DUI Lawyers
Drug Defense Attorney in Orange County