Options

Dan Koukol is a criminal defense lawyer successfully handling drug cases in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Rocklin, Loomis, and surrounding areas.

If the prosecutor in your case is able to prove the elements of a drug possession charge, the court has at least three options that will allow you to avoid a criminal conviction and record.

The court can order “Deferred Entry of Judgment,” Diversion (Penal Code section 1000), or Proposition 36 treatment. All three avoid both a conviction and jail time. Treatment is more beneficial than jail time.

These dispositions are not available for people convicted of selling, manufacturing, or trafficking drugs.

If you are facing drug possession charges, call me at (530) 823-5400 to set up a free consultation.

Deferred Entry of Judgment and Diversion both require you to plead guilty to the drug possession charges. In return, the court “defers” entering final judgment on your case for a period of time (usually 3 to 18 months). During this time, you must avoid using any illegal drugs, complete counseling, and stay out of trouble. If these conditions are met, the court sets aside your guilty plea and no conviction is entered into your record.

This means that if you are questioned about your criminal record (such as when applying for a job), you do not have to mention the arrest or the deferred entry of judgment. (An exception to this is if you apply for employment as a peace officer.)

To be eligible for Deferred Entry of Judgment or Diversion, the following must be true:

Regarding the drug offense:

1. The offense must involve personally possessing or using drugs—not possessing them for sale, or selling them
2. The offense must not involve violence

Additionally, you must not have:

1. Had prior drug related convictions
2. Had a prior grant of probation revoked
3. Participated in drug diversion or deferred entry of judgment within five years
4. Had any felony convictions within five years

I have had countless drug cases dismissed in Placer County using these options. If you have questions regarding Deferred Entry of Judgment or Diversion, you should discuss your case with a criminal defense attorney experienced in this area of law. I can be reached at (530) 823-5400 to set up a free consultation.

Proposition 36 requires you to plead guilty or no contest to the drug possession charges. The court enters judgment. Rather than being sentenced to jail or prison, you are granted probation subject to drug treatment. The court can also order counseling, community service, or other probationary conditions.

To be eligible for Proposition 36 treatment, the following must be true:

1. You were not in jail for a serious felony within the last five years
2. You were not simultaneously convicted of non-drug-related offenses
3. You were not armed with a firearm or other deadly weapon
4. You have not refused drug treatment as a condition of probation
5. You have not participated in Proposition 36 two times in the past

When you successfully complete the Proposition 36 treatment program and the other terms of probation, the court dismisses the charges. This means that if in the future you are questioned about your criminal record (such as when applying for a job), you do not have to mention the arrest or court ordered treatment. (An exception to this is if you apply for employment as a peace officer.)

If you are interested in discussing these options or are facing drug charges and need an experienced criminal defense attorney in Placer County, Roseville, Granite Bay, Auburn, Rocklin, or Loomis call me. I can be reached at (530) 823-5400.