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What Are the Alternatives to the Drug Diversion Program?
Drug diversion is a program that allows first-time drug offenders to avoid the criminal justice system and join a program that enables them to undergo education and rehabilitation. However, some people might not want to hire a drug diversion lawyer in San Diego and would prefer to explore the alternatives to the program of drug diversion.
If you’re not satisfied with drug diversion and everything it entails, and would like to go another route, it’s vital to be familiar with your options besides drug diversion. Let’s explore the alternatives to this program.
What are other options besides drug diversion?
If you do not want to undergo the drug diversion program for any reason, you should inspect the potential alternatives to this process. Here’s an overview of different programs you might be eligible for and that could be better suited for your particular situation and needs.
California Proposition 36, or Prop. 36 as it’s more commonly known, is defined by sections 1210 and 1210.1 in the Penal Code. This is also a drug diversion program, but different from PC 1000 in these four aspects:
- PC 1000 can be applied to a greater variety of drug-related offenses and crimes
- Prop. 36 requires the defendant to plead guilty to the crime, upon which they are put on formal probation and become subject to other terms and conditions.
- Defendants eligible for Prop. 36 become automatically sentenced by under the provisions, while judges retain certain discretions in Penal Code 1000 diversions.
- After pretrial diversion, charges are dismissed automatically, while Proposition 36 requires the judge to determine the dismissal of charges.
California drug court
The California drug court is another type of drug diversion that is similar to PC 100, but it is reserved for those defendants who have public defenders representing them. Similarly, successfully completing the California drug court will also result in dismissed charges. Here’s what it entails:
- Graduated rewards and sanctions
- Group and individual therapy
- Regular urinalysis testing
- Close supervision and monitoring of progress
- Vocational or education counseling where appropriate
- Other requirements agreed between the judge or their designee and the defender
LA County drug court program
The drug court program by Los Angeles County was launched in 1994 to provide treatment and not time in jail to non-violent individuals with a history of chronic substance abuse. This program consists of twelve drug courts, two juvenile courts, and several other specialized programs.
This program functions on a collaborative and non-adversarial basis between probation offices, defense lawyers, prosecutors, and judicial officers. The recovery and treatment services are according to the offender’s particular treatment needs and the severity of their addiction.
70% of all the graduates from the Los Angeles County Drug Court Program remain without conviction in the five years upon their graduation. This percentage of rehabilitation is significantly higher than that of individuals who were not part of similar programs.
Military diversion is a form of drug diversion but only for active-duty personnel and veterans of the armed forces. This program allows judges to postpone misdemeanor proceedings while the defendant proceeds to obtain treatment for different types of mental health problems and substance abuse. Upon successfully completing the program all charges are dropped and the arrest is deemed to have not occurred.
Mental health diversion
The state of California allows individuals with mental health disorders to receive treatment when charged with a crime. This type of diversion also allows all charges to be dismissed and the record becomes sealed for the majority of purposes. The mental conditions that allow the defendant to qualify include:
- Schizoaffective disorder
- Bipolar disorder
Who is the leading drug diversion lawyer in San Diego?
Getting in legal trouble for being caught in possession of controlled substances can cause different types of problems. That is why you should do your best to ensure adequate legal representation. A seasoned drug diversion lawyer from San Diego will give you additional information on drug diversion, help you understand the referral process better, and explain all the vital details about the process of drug diversion. But, which lawyer do you hire?
If you’re in San Diego, or anywhere near this city, there is only one attorney to turn to – Vik Monder of Monder Criminal Lawyer Group. Vik is an expert drug diversion lawyer with a dedicated team at his side. Together, they will help you with your drug diversion case. Our offices are conveniently located near Embarcadero Marina Park South, so you’ll have no trouble finding our offices. Give us a call today and schedule a free consultation.