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Drug Diversion: What Is the Referral Process Like?
Drug diversion is a legal opportunity for certain categories of first-time drug offenders that offers several benefits through California Penal Code 1000. However, in order to reap any of those benefits, you first have to learn more about the referral process for drug diversion and find out whether or not you will be able to receive a referral.
If you’re looking for the most reliable first-hand information, then you should definitely contact an experienced drug diversion attorney in San Diego, CA and ask any questions regarding drug diversion you might have. But, if you’d like to go to the consultation prepared, take a look at the basics of drug diversion referral procedure.
How do defendants receive referral for drug diversion?
When it comes to being deemed eligible to receive drug diversion under California Penal Code 1000, there are several procedures the defendant has to undergo. While drug diversion is extremely beneficial to first-time drug offenders, it is a complex process that requires extensive knowledge about PC 1000.
That is why it is advisable to consult a defense attorney before proceeding. However, it is also worth taking a closer look into what the process generally entails, and be as prepared as possible for it.
First, the prosecutor will write a notification regarding the defendant’s potential eligibility for the drug diversion program. This notification most commonly includes:
- Complete description of the procedures involving the pretrial diversion.
- Explanation of the authorities and the roles of the court, the program, the prosecution, and the probation department.
- A statement that dictates that the defendant must do the following to get a chance for drug diversion:
- Make a plea of not guilty on all the charges
- Waive all rights to a trial by jury, a speedy hearing, and a speedy trial
- Information that indicates all charges against the defendant will be dropped upon successfully completing the drug treatment program.
- Statement indicating that drug diversion can be terminated if the defendant fails to abide by all the requirements of the program.
- Explanation of all the rights the defendant has regarding their criminal record disposition and retention.
Probation officer investigation
Upon receiving the notice from the prosecutor, the court will schedule a hearing in order to determine if the defendant can be deemed eligible for drug diversion. Before reaching the decision, the court has the ability to grant the probation department right to investigate the case of the defendant. The probation offices will likely take the following aspects into account:
- Service and employment records
- Family and community ties
- Prior use of controlled substances
- History of treatment
- Demonstrable motivation
- Additional mitigating factors
At the end, the probation department advises the court whether or not the defendant would benefit from the drug diversion program. If so, the court makes the final determination on the type of treatment, education, and rehabilitation would be most appropriate for the defendant.
What happens if a defendant does not want a diversion?
Should the defendant refuse to become part of the drug treatment program, or if the court decides that drug diversion would not be appropriate, the original drug case continues. The defendant will preserve their rights to a speedy trial, speedy pretrial motions, and a trial by jury.
Which drug diversion attorney in San Diego can help me out?
When you’re in any kind of trouble with drugs, you first need to understand that you are potentially facing very serious problems. That is why you need to strongly consider hiring proper legal assistance. An expert drug diversion lawyer will help you understand the basics of drug diversion, ensure you receive information on the drug treatment process, and give you explanations on the alternatives to drug diversion programs. But, which attorney do you hire to help you out with your drug case?
There’s only one name that immediately springs into mind, and that’s Monder Criminal Lawyer Group. Vik Monder is an experienced drug diversion attorney with a team of knowledgeable lawyers helping him in every case. The entire team will be at your side throughout the entire procedure. If you would like to visit our offices, we’re very near the Maritime Museum of San Diego. You have different options for financing your legal defense. Reach out to us today!