DEFERRED ENTRY OF JUDGMENT “DEJ”, OR PC1000
Penal Code 1000 “Diversion” or Deferred Entry of Judgment (DEJ) is one of several nontraditional criminal adjudication programs that California offers to those accused of drug charges. PC1000 Diversion “diverts” those accused of drug charges in California away from the traditional criminal court system, and into a program where treatment and rehabilitation are offered instead of incarceration in California’s county jails and state prisons.
“Diversion” or “DEJ” is a program for first-time drug offenders.
At the Law Offices of Pereira & Moffatt, our drug charge criminal defense attorneys are experienced in getting clients accused of drug charges into treatment programs such as those authorized under PC1000. We believe that alternative adjudication systems like PC1000, Drug Court and Prop 36 can both provide much-needed treatment and rehabilitation for drug addiction. Furthermore, these alternative systems of adjudication keep clients accused of drug charges out of the traditional criminal justice system, where no such treatment options exist.
The drug charge criminal defense attorneys at the Law Offices of Pereira & Moffatt have had great success getting our clients into PC1000 Diversion and other drug charge programs, which are a great alternative to spending time in jail.
What is PC1000 “Diversion”?
PC1000 “Diversion” is an alternative system of adjudication for drug offenders. It allows the court to have criminal proceedings suspended while a drug offender completes a drug treatment program approved by the county.
If a judge determines that a drug offender is a qualified candidate for PC1000 Diversion, the criminal proceedings can be suspended for 18 to 36 months while the drug offender participates in an approved drug treatment program.
Generally speaking, this is the process to enrolling in and completed a California court-approved PC1000 treatment program:
Enter a guilty plea,
Waive time for sentencing for 18-36 months,
Provide the court with proof of enrollment in a county-approved treatment program,
Pay all program and court-related fees,
Successfully complete the PC1000 treatment program and petition the court to dismiss the underlying drug charges.
Am I eligible for PC1000 Deferred Entry of Judgment?
California PC1000 Diversion or “DEJ” is designed to help those who are addicted to all types of drugs. These drugs include marijuana, cocaine, heroin, “ecstasy”, methamphetamines, PCP, and prescription drugs such as codeine and hydrocodone or “Vicodin”.
To be eligible for PC1000 DEJ, a California drug charge defendant must meet the following requirements:
Eligible drug offenders must have no prior convictions for any drug-related offense.
The underlying drug charge must be for a crime of possession of drugs, not sales.
The underlying drug charge must not include any allegations of violence or threats of violence.
Eligible drug offenders must have no prior felony convictions within 5 years of the qualifying drug charge.
Eligible drug offenders must not have been enrolled in a drug diversion or DEJ program within 5 years of the qualifying drug charge.
Qualifying personal possession drug charges include:
Health and Safety Code 11377 and HS 11350 – Possession of a Controlled Substance
Health and Safety Code 11357 – Possession of Marijuana
Health and Safety Code 11358 – Cultivation of Marijuana
Health and Safety Code 11364 – Possession of Drug Paraphernalia
Health and Safety Code 11368 – Forgery of Prescription
Health and Safety Code 11550 – Being Under the Influence of a Controlled Substance
Penal Code 381 – Possession of toluene with intent to inhale or ingest
Penal Code 647(f) – “Drunk in Public” or under the influence of drugs
Penal Code 653(f)(d) – Solicitation of drug sales or transportation for benefit of personal use
If you, a friend, or loved one has been charged with a drug crime in Orange County, please call the drug charge criminal defense attorneys at the Law Offices of Pereira & Moffatt to schedule a consultation and see how we can assist you!