Deferred Entry of Judgment - Drug Cases

Posted over 2 years ago. Applies to California, 2 helpful votes



Deferrable Offenses

Health and Safety Code Section 11357 - Possession of Marijuana Health and Safety Code Section 11364 - Possession of Drug Paraphernalia Health and Safety Code Section 11365 - Abetting the unlawful use of controlled substances. Health and Safety Code Section 11377 - Possession go non-narcotic prescription without a prescription. Business and Professions Code 4060 Possession of prescription drugs without a prescription. Penal Code Section 647(f) - Possession of a gluelike substance with the intent to inhale and become intoxicated. Vehicle Code Section 23222 - Possession of Marijuana while driving. Health and Safety Code Section 11358 - Cultivation of Marijuana if dried and for personal use. Solicitation to commit a felony of the solicitation was for personal use.


Other Reuirements

1) No Prior Controlled Substance Conviction 2) Case did not involve a crime of violence 3) Only deferrable drug offenses involved. 4) Prior probation or parole successfully completed. 5) No DEJ or Felony conviction for 5 years.


When to Request DEJ

DEJ can occur at any time before the trial begins. After trial, DEJ is not an option. Motion to suppress and other pre-trial motions are allowed prior to accepting DEJ.


Successful Termination

Once the defendant has successfully completed all the terms and conditions of deferred entry of judgement, the deferred charges are dismissed and the defendant is legally entiled to state that he or she was never arested for the deferred offense.

Additional Resources

This above information can be found in more detail in California Criminal Law Procedure and Practice 2012, which is more most of the information is found. You should also contact an attorney to discuss your matter in detail. Elliot Zarabi 213-612-7720

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