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How To Keep Your Criminal Record Clean By Entering Drug Treatment

By Walin & Klarich

Which Prior Convictions Will Disqualify Me For Drug Diversion Under Proposition 36 or Penal Code 1000? Prior convictions for California drug offenses, even drug sales, will not necessarily disqualify a defendant under Proposition 36. The only prior conviction that excludes a defendant under Prop 36 is one for a serious or violent felony listed in Penal Code 667.5(c) or Penal Code1192.7. However, even this exclusion can be avoided if the defendant has remained free of all drug possession offenses for 5 years or more. Defendants who are charged with other non-drug offenses are not eligible for drug diversion under Penal Code 1000. Conversely, under Proposition 36, eligibility turns on the offenses of which the defendant is convicted, regardless of what the defendant is charged with.continue to full post

Full post as published by Southern California Criminal Defense Blog on March 02, 2009 (boomark / email).