First time offenders and those charged with basic drug charges are usually eligible for a drug diversion program in California. The first level of diversion is called P.C. 1000. Here are four things you should know about P.C. 1000
Who is eligible for P.C. 1000?
Most people who are charged with simple possession of a controlled substance are eligible as long as they do not plea to a non-drug offense. In other words if you are charged with possession for sale you are not eligible. If you are charged with possession and another non-drug related charge you will not be eligible.
What do you have to do to complete P.C. 1000?
P.C. 1000 takes a minimum of 18 months and a maximum of three years to complete. During this time you will have to attend court regularly, about once or twice a month. You will have to attend AA or NA meetings several times a week and keep proof of attendance to show the judge. You will have to drug test twice a week in the beginning. If you test clean for six months you can be moved down to once a week testing. To graduation P.C. 1000 you must almost complete a probation approved drug program. Most of these programs are outpatient programs. While you are on P.C. 1000 you are not on formal probation, you are on informal probation. This means that probation officers will not be going to your house to check on you.
What happens if you complete the program?
This is the best part about P.C. 1000. If you complete P.C. 1000 you will be permitted to withdraw your plea of guilty. The court will then dismiss the case. This means that you will not have a conviction on your record. If you are ever asked whether you have been convicted of a crime you can honestly answer "No".
What happens if you fail to complete P.C. 1000?
To fail P.C. 1000 you would have to either completely ignore the court, disappear for a long period or get more than five dirty tests. The number of dirty tests depends on the judge so you may get more chances but you will get at least three chances if you are otherwise in compliance. If you are "kicked off" of P.C. 1000 you will most likely be referred to Prop. 36. Prop 36 is another diversion program that does not completely go off your record and you will be on formal probation while you are in the program.
Additional resources provided by the author
You can read the statute that describes the program below.
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