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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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