First you should ask yourself if the search was illegal.
Although a diversion program or DEJ under Penal Code 1000 may seem like a good deal, you should talk to a qualified criminal attorney before taking the deal to see if there is a way to suppress the evidence of the drugs and get your case dismissed.
What is a Diversion or DEJ program?
Often people charged with possession of drugs including cocaine, methamphetamine, heroin, ecstasy, marijuana, PCP, etc., for personal use may be offered a plea bargain which involves diversion or deferred entry of judgment (DEJ), under Penal Code 1000.
Some examples of the types of charges that are eligible for DEJ or diversion program are:
- Health and Safety Code 11350; and Health and Safety Code 11377- the California laws prohibiting the possession of controlled substances.
- Health and Safety Code 11357- the California law against the possession of less than one ounce of marijuana.
- Health and Safety Code 11364- California law against possession of drug paraphernalia.
- Health and Safety Code 11368- California law against using a forged prescription to obtain drugs.
- Health and Safety Code 11550- California law against being under the influence of a controlled substance.
- Vehicle Code 23222(b)- California law prohibiting driving while in possession of marijuana.
- Penal Code 647(f)- California law against public intoxication.
Diversion under P.C. 1000 means that you will plead guilty to the offense charged and if you successfully complete a drug treatment program within a set period of time you will be allowed to come back to Court, your guilty plea will be withdrawn and the charges against you will be dismissed. However, if you have another drug related offense within five years you will no longer be eligible for a diversion program.
Was the Search for the Drugs legal under the 4th Amendemnt?
Before accepting a diversion plea you should ask yourself, or even better a qualified criminal defense attorney, if the search and seizure which led to your arrest was legal. If the search was illegal under the 4th amendment, the case may be thrown out by the Judge and you will not have to go through a program or have a drug offense on your record.
An officer must have reasonable suspicion to believe that a crime is being committed in order to detain and search someone. He must have specific reasons for the search and an officers hunch that something illegal is going on is never enough. Terry v. State of Ohio 392 U.S. 1, 22.
In order to establish that a search was illegal you will need a criminal defense lawyer to bring a motion pursuant to Penal Code 1538.5, also known as a suppression motion. During the hearing on the P.C. 1538.5 motion, the law enforcement officer who searched you will be called into Court and asked to explain the basis for his reasonable suspicion. That is exactly what crime was being committed which he thinks justifies searching you or your vehicle or your person. Then the Judge will decide whether it is sufficient. If the Judge finds that the officer did not have a reasonable suspicion the case will be thrown out it, as in most instances, the drugs are the only evidence of a crime.
If you have been arrested for possession or drugs and are considering a diversion plea call Strassburg, Gilmore & Wei, LLP. Strassburg, Gilmore & Wei, LLP has a team of lawyers who practice in Criminal Defense and drug crimes. We are criminal defense lawyers who can help clients in Los Angeles County, Riverside County, San Bernardino County, Ventura County and Orange County. We have attorneys who handle cases in Pasadena, Los Angeles, Glendale, Burbank, San Gabriel, Arcadia, Alhambra, El Monte Pomona, Whittier, Compton, East Los Angeles, West Los Angeles, Van Nuys, San Fernando and Norwalk.