Legal Question in Criminal Law in California

Re: prop 36 & deferred entry of judgement

Prop.36 is a where you plead to the charge are convicted and sentenced to a felony/misdemeanor drug offense. The court then places you in a treatment plan and you have three opportunities to "mess up" or have a drug related violation before you can be sentenced to time in jail for the offense.

Deferred entry of judgment is where you plead to the charge and you are not sentenced and therefore do not yet have a conviction. You are placed in some type of treatment plan and if you violate the terms of the agreement for the deferred entry of judgment you are automatically sentenced to the agreed upon sentence. Once you get sentenced you have a conviction. You don't necessarily get three chances to "mess up" with a deferred entry of judgment.

Elena Condes

Re: prop 36 & deferred entry of judgement

Theoretically...the DA makes the initial determination of eligibility when charges are filed..deferred entry of Judgment...PC 1000...is for first offenders.

Re: prop 36 & deferred entry of judgement

Person with no prior drug convictions is likely to get the DEJ under PC 1000. DEJ is a lighter and shorter treatment program which often does not require drug testing (but it might!).

Initially, the DA will make the determination. If DA is wrong, the defendant can bring the error to attention of the court in order to get the DEJ.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com