California Penal Code 1000

Diversion - California Deferred Judgement

(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, 11365, 11377, or 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety Code if the narcotic drug was secured by a fictitious prescription and is for the personal use of the defendant and was not sold or furnished to another, or subdivision (d) of Section 653f if the solicitation was for acts directed to personal use only, or Section 381 or subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance, or Section 4060 of the Business and Professions Code, and it appears to the prosecuting attorney that, except as provided in subdivision (b) of Section 11357 of the Health and Safety Code, all of the following ap y to the defendant: (1) The defendant has no conviction for any offense involving controlled substances prior to the alleged commission of the charged offense. (2) The offense charged did not involve a crime of violence or threatened violence. (3) There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections listed in this subdivision. (4) The defendant's record does not indicate that probation or parole has ever been revoked without thereafter being completed. (5) The defendant's record does not indicate that he or she has successfully completed or been terminated from diversion or deferred entry of judgment pursuant to this chapter within five years prior to the alleged commission of the charged offense. (6) The defendant has no prior felony conviction within five years prior to the alleged commission of the charged offense.

(b) The prosecuting attorney shall review his or her file to determine whether or not paragraphs ( to (6), inclusive, of subdivision (a) apply to the defendant. Upon the agreement of the prosecuting attorney, law enforcement, the public defender, and the presiding judge of the criminal division of the superior court, or a judge designated by the presiding judge, this procedure shall be completed as soon as possible after the initial filing of the charges. If the defendant is found eligible, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for deferred entry of judgment at the arraignment. If the defendant is found ineligible for deferred entry of judgment, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defen nt and his or her attorney. The sole remedy of a defendant who is found ineligible for deferred entry of judgment is a postconviction appeal.

(c) All referrals for deferred entry of judgment granted by the court pursuant to this chapter shall be made only to programs that have been certified by the county drug program administrator pursuant to Chapter 1.5 (commencing with Section 1211) of Title 8, or to programs that provide services at no cost to the participant and have been deemed by the court and the county drug program administrator to be credible and effective. The defendant may request to be referred to a program in any county, as long as that program meets the criteria set forth in this subdivision.

(d) Deferred entry of judgment for a violation of Section 11368 of the Health and Safety Code shall not prohibit any administrative agency from taking disciplinary action against a licensee or from denying a license. Nothing in this subdivision shall be construed to expand or restrict the provisions f Section 1000.4.

(e) Any defendant who is participating in a program referred to in this section may be required to undergo analysis of his or her urine for the purpose of testing for the presence of any drug as part of the program. However, urine analysis results shall not be admissible as a basis for any new criminal prosecution or proceeding.


See All Expungement Legal Services

100% Free California Expungement Assessment
100% Free Online Expungement Assessment 
Huge Discounts On Multiple Conviction Expungements 
Get a Fresh Start Today
Why Choose Us ?
  • Super Fast Expungement Case Resolution
    FAST Case
    Resolution
    FAST Case
    Resolution

    Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. We also offer expedited service in most counties.

  • Expungement Money Back Guarantee
    Money Back
    GUARANTEE
    Money Back
    GUARANTEE

    We offer a 100% money back guarantee on most of our services. If we do not successfully expunge your criminal case, then you don't pay us. It's that simple.

  • Lowest Price Guarantee On All Expungement Services
    105% Low Price
    GUARANTEE
    105% Low Price
    GUARANTEE

    We take pride in offering affordable pricing to our clients. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it!

  • Expungement Law Firm - Serving All California
    Serving All
    of CALIFORNIA
    Serving All
    of CALIFORNIA

    We provide our specialized criminal expungement legal services throughout the entire state of California. From San Diego to Humboldt County, we are here to help with your expungement needs.

  • Multiple Case Discounts
    Multiple Case
    DISCOUNTS
    Multiple Case
    DISCOUNTS

    Do you have multiple cases? No problem. We specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases.

  • Experienced California Criminal Expungement Law Firm
    EXPERIENCED
    Law Firm
    EXPERIENCED
    Law Firm

    We have won thousands of criminal expungement cases for our clients in California. We have seen every type of expungement case, and we specialize in this unique area of California law.

What Our Clients Are Saying

  • BBB A+ Rating

    I would highly recommend Fresh Start. They did everything they promised, on time and with wonderful customer service. I am very pleased!

    DONNA P.
    LOS ANGELES
  • Yelp rating

    David Huffman and his team are top notch.  I used them for two cases and they won both.  Their prices were reasonable and there service excellent. 5 Stars!!!

    ROBERT T.
    SAN DIEGO
  • TRUSTPILOT Rating

    Highly recommend Fresh Start Law Center to anyone needing this type of assistance. Totally reliable and well worth the money. Mr. Huffman was a joy to work with.

    SHANNON R.
    SAN FRANCISCO
our clients love us
  • I would highly recommend Fresh Start. They did everything they promised, on time and with wonderful customer service. I am very pleased!

    DONNA P.
    LOS ANGELES
  • David Huffman and his team are top notch.  I used them for two cases and they won both.  Their prices were reasonable and there service excellent. 5 Stars!!!

    ROBERT T.
    SAN DIEGO
  • Highly recommend Fresh Start Law Center to anyone needing this type of assistance. Totally reliable and well worth the money. Mr. Huffman was a joy to work with.

    SHANNON R.
    SAN FRANCISCO

 

 

 

FORGET THE PAST.
EMBRACE THE FUTURE


Get Start Today For Only $99

Want a Free Consultation ?

Provide some quick info, and one of our record clearing attorneys will reach out to you right away


 
X

Not Now

Go to Website