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Special Sentencing Laws for Drug Addicts in Ventura County

Many cases of drug addiction will not come to light until a serious incident occurs. After a trip to the emergency room for a DUI in Santa Barbara, charges of drug possession and drug use will be leveled at the offenders.

The problem is, many of those who cause these accidents are victims themselves.

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Our state courts realize that treatment is a better alternative to a jail sentence for many drug offenders. If addicts can be rehabilitated, they are more likely to learn how to become functional, drug-free members of society in a treatment center than they would in prison. That's why there are special laws for prosecuting and trying drug offenders in California: Proposition 36, Diversion, and Drug Court.

• Proposition 36, also known as The Substance Abuse and Crime Prevention Act, protects those facing simple drug possession for the first or second time. If the defendant's case is non-violent, the offender may undergo substance abuse counseling instead of a jail sentence. However:

• If you are sentenced under Prop 36, you must attend addiction treatment for up to one year, plus complete a further six months of rehabilitation. Rehab courses can include drug education classes, outpatient or residential treatment, or other programs designed to give addicts lifelong resources.
• If you have been charged with drug manufacturing or possession for sale, you cannot be charged under Prop 36, since these charges are automatically considered "violent."

• Diversion. A defendant must be eligible to apply for diversion, but if allowed, the accused can avoid an entry on his criminal record. The defendant must first plead guilty to the charge, but instead of receiving a sentence, he must undergo a drug program fitting the Diversion guidelines.

• The accused must not only attend drug education and avoidance classes, he must also undergo random drug testing during the duration of the program. If a test is positive, the defendant must go back to court and face charges.
• If the defendant successfully completes the diversion program, his case will be dismissed and he will endure no further punishment for his offense.

• Drug Court. Drug Court may be an option for those who do not qualify for Diversion. Under the Drug Court, offenders enter a California residential treatment program (link to Blog) for three to nine months. These programs are usually separated into multiple phases, and the addict earns additional freedoms each time he graduates each phase. If the accused completes the entire program, his case will be dismissed.

As trusted Ventura criminal defense attorneys, we have experience getting help for our clients suffering from drug addiction. We always fight for minimal sentencing, and protect your reputation by working to get your criminal record cleared. Call Bamieh & Erickson today at (805) 643-5555 for a free consultation.

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