PC 1000 Drug Diversion Attorneys in OC
Are you facing drug charges in Orange County? You may have a chance to dismiss said charges by having our Orange County drug diversion lawyer represent and assist you. Depending on your case, we can ask the court if you can simply enter a drug rehabilitation center instead of facing charges. Not only can this keep your record clean, but it can also help you resolve any drug issues you may have.
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. PC 1000 allows you the opportunity to have your drug criminal trial suspended and instead, complete a drug treatment program.
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. Don't let having to enter a guilty plea concern you, because 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.
In order to qualify for drug rehab, the judge will typically look at your drug offense and past history. For a judge to send you to rehab, the following things must be true:
- Your alleged drug offense must involve personally possessing or using drugs and not possessing them for sale or actually selling them
- The drug crime must not have involved any allegations of violence or threatened violence
- You must not have had any prior drug-related convictions
- You must not have had your probation or parole revoked without completing your conditions
- You must not have participated in a court-ordered rehab program within five years prior to the alleged commission of the charged offense
- You cannot have 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.
"My wife was arrested for drug possession and a friend suggested I call “the best drug lawyer in Orange County." Attorney Michael L. Guisti took the time to explain to me all the possible outcomes and what our best strategy was. Mr. Guisti took the time to get to know me and my wife and visited her in jail. Mr. Guisti explained to the judge in Santa Ana that my wife doesn’t have a criminal record and just got addicted to drugs. Mr. Guisti worked out a deal with the judge that let my wife attend a drug treatment program to erase these charges. Thanks to Attorney Guisti my wife is off drugs and we’re back on with our life. If you’re in trouble just call Mr. Guisti."
The Orange County court's probation department will conduct an interview and background investigation to determine what course of treatment is most appropriate for you. They will then consider your age, employment history, education, who your friends and family are, and any prior drug history. The probation department will then report back to the judge, who will then make the final decision on what treatment and rehab facility is best for you.
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, the judge may enter a guilty plea. You must then face a sentencing hearing to determine the punishments for your drug charges and face having a permanent mark on your record.
If you successfully complete the program, your criminal drug charges will automatically be dismissed. Once this occurs, 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.
We understand the problem you're facing, so you can rest assured our Orange County drug crimes defense attorney at Law Office of Michael L. Guisti can handle your case in best possible way—seeing to it you're in a rehab program and your record is clean.
If you have some "issues" from your past that could possibly affect the judge or probation department's decision on whether or not to allow the PC 1000 drug treatment program for you, our highly skilled legal team can work to convince the judge this is the best option for you—regardless of past problems.
Please contact our firm today at (714) 530-9690 to learn how we can help you with your drug charges.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.