Last April O'Neal plead to two drug related cases, one involving felony possession of heroin and methamphetamine and the other involving felony possession of methamphetamine in exchange for an opportunity to take part in one of California's drug diversion programs. Had O'Neal finished the drug diversion program without any violations, the pending drug possession charges against him would have been dismissed.
When it comes to alternative sentencing for defendants convicted of drug possession California has been very progressive over the last ten years or so. In California, alternative sentencing for drug offenders also known as drug diversion falls under two main programs. One known as PC-1000 or Deferred Entry of Judgment (DEJ) and the other known as Prop. 36.
The PC-1000, Deferred Entry of Judgment program is generally available to drug offenders charged with non-violent drug possession offenses who have not been convicted of a drug related offense in the past or who have successfully completed the PC-1000 program no less than five years prior to the current conviction. The PC-1000 program is an 18 month program. The first five or six months of the program consist of probation approved drug education classes, drug counseling, random drug testing, and often times regular attendance at Narcotics Anonymous meetings. For the remainder of the 18 month probation period the drug offender must not pick up any new charges. If the drug offender completes PC-1000 successfully the charge or charges will be dismissed. If the drug offender does not complete PC-1000 successfully he will be sentenced and the drug conviction will stand.
The Prop. 36 drug diversion probation program named for Proposition 36 also known as the Substance Abuse and Crime Prevention Act, was voted into law by the citizens of California on September 7, 2000. Prop. 36 drug diversion is generally available to any drug offender charged with a non-violent drug possession offense who has not previously been convicted of a serious or violent felony and has not been to prison in the past five years. Prop. 36 probation is generally a three year program and is much more stringent and expensive for the defendant than the PC-1000 deferred entry of judgment program. However, Prop. 36 is often an option when the defendant is not eligible for PC-1000. The specific terms and conditions of Prop. 36 probation depend on the drug offender's level of addiction. If the defendant's level of addiction is considered to be low, his or her program may consist of out-patient drug therapy, random drug testing, regular attendance at Narcotics Anonymous meetings and regular meetings with a probation officer. If the drug offender's level of addiction is considered to be high or if he or she has violated Prop. 36 probation in the past, the program may consist of more intensive in-patient drug treatment and education. If the probationer successfully completes Prop. 36 probation, his or her charges will be dismissed. If the probationer is unsuccessful, Prop. 36 probation will be terminated and the case will proceed to sentencing.
O'Neal's most recent violation stems from testing positive for narcotics after returning to the Impact Drug and Alcohol Treatment Center in Pasadena on December 29, 2009. O'Neal had been ordered to attend one year of in-patient treatment at the Center as a condition of probation after pleading no contest to a new felony drug charge last September.
Los Angeles County Superior Court Judge Michael Tynan, remanded O'Neal to the custody of the Los Angeles County Sheriff's Department pending further hearing on February 2nd. O'Neal faces six years in prison if found in violation of drug court probation.
If you have been arrested for drug possession or drug sales in Los Angeles, Riverside, Kern, or Ventura Counties your rights may be at stake. Call the Southern California Law Office of Daniel E. Kann, a Criminal Defense firm, for a free consultation.
