PC 1000 Drug Diversion
Orange County PC 1000 Attorney
PC 1000 Drug Diversion Lawyer in Orange County
Have you recently been arrested in Fullerton, Westminster, Santa Ana, Newport Beach, Irvine, Huntington Beach or somewhere in Orange County and now facing a drug charge? You may have a chance to dismiss that charge by having our expert Orange County drug crimes attorney from the Law Offices of Michael L. Guisti ask the court that you simply enter a drug rehabilitation center, which will help keep your record clean.
Can I Really Go To Rehab and Avoid Going to Trial?
Yes, as our Orange County criminal attorney expert explains, under Penal Code (PC) 1000 non-violent drug offenders can be diverted out of the court system and into a court approved drug rehabilitation center, as PC 1000 allows you the opportunity to have your drug criminal trial suspended and complete a drug treatment program.
How Do I Get Into Rehab?
If the judge determines you're a good candidate for rehab you will enter a guilty plea to the drug charge and the judge will suspend the criminal proceedings for the duration you're in drug rehab.
Now don't let having to enter a guilty plea concern you, because as our expert Orange County drug crimes defense lawyer explains, once you successfully complete rehab the judge will dismiss the charges, and you can truthfully state that you've never been arrested for the drug charges.
Are You a Good Candidate for Rehab?
Our Orange County PC 1000 lawyer explains that in order to be a good candidate the judge will typically look at your drug offense and past history.
Typically for the Orange County judge to send you to rehab your alleged drug offense must involve personally possessing or using drugs and not possessing them for sale or actually selling them, and the drug crime must not have involved any allegations of violence or threatened violence.
In order to qualify the judge will make sure you haven't had any prior drug-related convictions, had your probation or parole revoked without completing your terms and conditions, participated in a court ordered rehab program within five years prior to the alleged commission of the charged offense, and any prior felony convictions within five years prior to the alleged commission of the charged offense.
If you don't meet the above criteria the judge will order you to stand trial.
Your Treatment
The Orange County court's probation department will conduct an interview and background investigation as to what course of treatment is most appropriate for you. The probation department will consider your age, employment history, education, who are your friends and family and any prior drug history. The probation department will report back to the judge who will then make the final decision on what treatment and rehab facility is best for you.
Seeing the Program Through
It's very important to see the program through, because if the prosecutor, probation department or the court believes you're failing to adhere to the program and thus not benefiting from rehab, then the judge may enter a guilty plea and set a sentencing hearing to determine the appropriate punishment for the charges.
Successfully Completing Rehab
Your criminal drug charge will automatically be dismissed as long as you successfully complete rehab. Once your charges are dismissed, it is almost as if the arrest legally never occurred.
You can truthfully state that you have never been arrested or granted deferred entry of judgment for the offense, and the arrest is not on record and cannot be used in any way to affect your employment or a professional license or certificate.
However, if you plan on applying to become a police officer you will have to report the arrest.
Why You Need an Experienced Orange County Drug Defense Lawyer
We understand the problem you're in, but rest assure Orange County drug crimes defense attorney experts at the Law Offices of Michael L. Guisti will handle your case in best possible way seeing to it you're in a rehab and your record is clean.
Most importantly if you have some "issues" from your past that could possibly affect the judge or probation department decision on whether or not to allow PC 1000 drug treatment for you our legal experts can work to convice the judge this is the best option for you regardless of past problems.
The legal experts at the Law Offices of Michael L. Guisti have over a decade of experience in the drug courts of Orange County, Los Angeles, Riverside, San Bernardino and San Diego Counties.
