You can avoid jail for many drug crimes in California. The law in California has recently had many drastic changes, which can affect how and if you are charged with a drug possession offense. Many times convictions can be avoided, and futures protected, with the right attorney on your side. If you have been arrested for drug crimes, I can help. Contact me, lawyer Joel Bailey for aggressive defense of drug charges in California.
“I can make the difference between jail and freedom.”
– Joel Bailey
In California, there are two main alternatives to jail time for drug crimes: PC 1000, also known as deferred entry of judgment, and Proposition 36/PC 1210, also known as the Substance Abuse and Crime Prevention Act. These alternatives allow criminal offenders to have a second chance, obtain treatment and avoid jail or prison time.For Proposition 36, a person convicted of a first or second non-violent drug crime who meets specific criteria may be eligible for state-regulated drug treatment instead of incarceration. After treatment, a person will be required to complete drug testing for a specific period of time. If she or he remains drug free and crime free, the original charges may be dismissed.

 Prop 47 Made Many Drug Offenses Misdemeanors

Recent (2015) legislation had a dramatic impact on several drug charges, creating mandatory reductions of offenses from felonies to misdemeanors.  Simple possession of most controlled substances are now misdemeanors instead of felonies.  Transportation and Sales cases remain non-reduceable felonies, but an aggressive defense can often get those charges reduced or dismissed.

You May Be Able To Set Aside A Guilty Plea

PC 1000 diversion allows a person to plead guilty for a non-violent drug crime in exchange for the court to defer judgment. Following a plea, the individual must complete an outpatient drug and alcohol program, not be arrested for 18 months and pay a fee to the courts. If he or she successfully completes these steps, the court will enter a judgment of dismissal allowing the person to move forward in life without having a conviction create a criminal record.

Should an individual enter an approved PC 1000 diversion program and fail to benefit from it or if she or he continues to engage in criminal conduct, the court will find the person guilty of the charges he or she pled to, a judgment will be entered and a sentencing hearing will be scheduled.

Get An Attorney’s Assistance As Soon As Possible

PC 1000, Prop 36 and Prop 47 have changed the way California treats drug offenses, but many times, you still need a strong advocate to get you the help you need.  Our system can punish those who don’t have aggressive representation to protect their future, their jobs, and support for their families. diversion is offered for only the first offense, it is important to work with an experienced lawyer when you face drug charges. As your attorney, I will aggressively defend your rights and pursue every legal option available. Contact me today. I am available 24 hours a day and offer free consultations.