Los Angeles Drug Defense Attorney
Los Angeles DEJ Attorney
Drug Diversion | DEJ

Deferred Entry of Judgment (Penal Code Section 1000)
Deferred Entry of Judgment (also known as DEJ or Drug Diversion) is a sentencing alternative to jail or prison available to individuals who have been charged with certain drug offenses. DEJ is the suspension of criminal proceedings for a prescribed time period with certain conditions after a defendant’s guilty plea. For example, in DEJ, the defendant pleads guilty to the drug charge, but sentencing is continued to a later time (6 to 18 months). Sentencing remains suspended so long as the defendant satisfies various conditions (e.g., drug treatment, court appearances, counseling, drug testing). If the defendant does not successfully fulfill the conditions of the DEJ, the criminal proceedings resume, and the defendant, having already pled guilty, is sentenced. On the other hand, if the defendant successfully meets the conditions of DEJ, the criminal charges are dismissed and the defendant may, with certain exceptions, legally answer that he or she has never been convicted of the diverted offense.

Deferrable Drug Offenses
Not all drug offenses are eligible for Deferred Entry of Judgment. The deferrable drug offenses are contained in California Penal Code section 1000(a), they include:

Possessing controlled substances and/or restricted drugs;
Possessing marijuana;
Possessing drug paraphernalia;
Aiding, assisting or abetting the unlawful use of controlled substances;
Possessing prescription medications without a prescription;
Using or being under the influence of a controlled substance;
Possessing a glue-like substance with the intent to inhale it and become intoxicated;
Cultivating marijuana for personal use; and
Creating or using a forged or altered narcotic medication prescription for personal use.

Other DEJ Requirements
In addition to the drug offense being deferrable, all of the following conditions also have to be satisfied:

The defendant has no prior controlled substance convictions;
The current case cannot involve a crime of violence or threatened violence;
The current case cannot involve a drug offense that is not deferrable (e.g., if the defendant is charged with possession of marijuana (a deferrable offense) and driving under the influence of drugs and alcohol (not a deferrable offense) DEJ would not be available);
Any prior probation or parole must have been successfully completed;
The defendant has had no felony convictions for the past five years; and
The defendant cannot have been granted deferred entry of judgment (DEJ) previously.

Unsuccessful Termination of DEJ
Ultimately, getting the criminal charge dismissed depends on the defendant’s actions. A number of situations can result in the court terminating DEJ, entering judgment (i.e., conviction) and sentencing the defendant to jail or state prison, they include:

The defendant fails the DEJ program (e.g., not appearing in court, failing drug tests, not going to counseling);
The defendant is not benefiting from education, treatment, or rehabilitation;
The defendant is convicted of a misdemeanor that reflects the defendant’s propensity for violence;
The defendant is convicted of a felony; or
The defendant has engaged in criminal conduct rendering him or her unsuitable for deferred entry of judgment.

If you are terminated from the DEJ program, then Proposition 36 may be available to you. Click here for Prop 36 information.

Aggressive Los Angeles Drug Charge Lawyers
Drug convictions have life-changing consequences. They can haunt you for the rest of your life. In California, these convictions can be seen by employers, landlords, banks and others. They can interfere with employment, renting an apartment and can lead to deportation.

It is important to do everything possible to prevent a conviction for a drug charge or to reduce the charge in order to minimize the impact it could have on your life. The skilled attorneys at Stephen G. Rodriguez and Associates are experienced in negotiating alternative sentences (e.g., a drug treatment program) rather than jail. Let the criminal defense attorneys of Stephen G. Rodriguez and Associates explain your options and provide an aggressive defense.

If you have been accused of a drug offense, call the offices of Stephen G. Rodriguez and speak to a qualified and experienced criminal defense attorney for a FREE CONSULTATION. A California drug charge is a serious matter. You need a skilled criminal defense attorney on your side. Mr. Rodriguez is available to meet with you and your family to privately and confidentially discuss the specific facts of your case as well as your options.

Law Offices of Stephen G. Rodriguez and Associates
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173
Email: info@lacriminaldefenseattorney.com

Los Angeles criminal defense attorneys Stephen G. Rodriguez and Associates represent clients in the Los Angeles county area, which include, Airport Courthouse, Alhambra Superior Court, Antelope Valley Court, Bellflower/Cerritos Courthouse, Beverly Hills Court, Burbank Courthouse, Catalina Courthouse, Central Arraignment Court, Central Civil West Courthouse, Chatsworth Court, Criminal Courts Building/Clara Shortridge Foltz Criminal Justice Center, Compton Superior Court, Culver City Court, David V. Kenyon Juvenile Justice Center, Downey Courthouse, Eastlake Juvenile Court, East Los Angeles Court, El Monte Courthouse, Glendale Courthouse, Hollywood Court, Inglewood Courthouse, Inglewood Juvenile Courthouse, Long Beach Superior Court, Los Padrinos Juvenile Courthouse, Central District Court (Downtown Los Angeles Federal Court), Malibu Court, Mental Health Courthouse, Metropolitan Courthouse, Norwalk Superior Court, Pasadena Superior Court, Pomona Courthouse North, Pomona Courthouse South, Redondo Beach Courthouse, San Fernando Court, San Pedro Court, San Pedro Courthouse Annex, Santa Clarita Court, Santa Monica Court, Stanley Mosk Courthouse, Sylmar Juvenile Court, Torrance Superior Court, Van Nuys Courthouse East, Van Nuys Courthouse West, West Covina/Citrus Court, West Los Angeles Court, and Whittier Superior Court.

Some of the terms that pertain to our practice include, but are not limited to: dui, child abuse, identity theft, drunk driving, fraud, domestic violence, grand theft, felony, kidnapping, narcotics, robbery, misdemeanors, restraining order, TROs, arrest warrant, theft, hit and run, vandalism, arson, shoplifting, stalking, cyber stalking, embezzlement, burglary, extortion, bench warrant, expungement, criminal threats, sex crimes, solicitation, probation violation, suspended license, carjacking, gun weapon, attempted murder, petty theft, alternative sentencing, lewd conduct, drug possession, clear criminal record, juvenile offense, seal juvenile records, prostitution, rape, bail, criminal appeal, assault, battery, attempted murder, solicitation for prostitution, criminal threats, trespass, commercial burglary, residential burglary, theft crimes, credit card fraud, violent crimes, proposition 36, perjury, murder, attempted murder, three strikes, prostitution, rape, statutory rape, receiving stolen property, forgery, vandalism, weapons, gun charges, vehicular manslaughter, disorderly conduct, drug diversion, DEJ, grand theft, grand theft auto, house arrest, electronic monitoring, marijuana, conspiracy, petty theft with prior, attempt crimes, drug offenses, bribery, blackmail, child abuse, and bench warrant.

Los Angeles Drug Defense Attorney Los Angeles DEJ Attorney Drug Diversion | DEJ

Los Angeles Drug Defense Attorney
Los Angeles DEJ Attorney
Drug Diversion | DEJ