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Drug Charges and Defenses | Oakland, San Francisco, Berkeley Criminal Defense Attorneys
Drug charges in California run the gamut of simple possession of
marijuana weighing less than 28.5 grams, punishable by a fine of $100,
to drug trafficking crimes carrying multiple years in prison. A
conviction for simple possession of an illicit drug can be dismissed if
a defendant qualifies for and completes a drug rehabilitation program,
most often “PC 1000” or “Prop 36”. Drug convictions can be particularly
troublesome for non-citizens, who might be deported and permanently
barred from entering the country legally.
The least burdensome and most advantageous drug program is deferred
entry of judgment, commonly referred to as “PC 1000” after the Penal
Code Section that mandates it. Although a defendant must enter a
guilty/no contest plea to qualify for the program, a successful
completion of the program automatically results in dismissal of the
underlying charge. Another advantage is that failure in the PC 1000
program still allows for participation in Prop 36. To qualify for PC
1000: the defendant must have no prior drug convictions; the case must
not involve violence; there must be no evidence that the drugs were
possessed for any reason other than simple possession; the defendant
must have never failed to complete probation or parole; the defendant
must not have been enrolled in the same program within the last five
years; and the defendant must have no prior felony convictions in the
five years preceding the commission of the current offense.
If a defendant does not qualify for PC 1000 or fails to complete that
program, the next best alternative is treatment pursuant to Proposition
36 (“Prop 36”). A conviction for a non-violent drug offense, including
simple possession or transportation, must result in probation
conditioned on participation in and completion of a drug rehabilitation
program. The disadvantages of this program are typically longer
duration and no automatic dismissal – the probationer must petition the
court for dismissal after completion of the program. A defendant cannot
qualify for Prop. 36 if he or she was convicted of a strike, unless the
underlying drug offense occurred after a period lasting at least five
years of no prison custody and no acts resulting in a felony conviction
other than a nonviolent drug possession offense, or a misdemeanor
conviction related to physical injury or the threat of physical injury
to another. Other disqualifying conditions include a misdemeanor
conviction for a non-drug related offense in the same proceeding;
possession of and intent to use a deadly weapon while possessing
certain illicit drugs; refusal to participate in drug treatment; and
two separate convictions for drug possession with two corresponding
drug treatments.
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