Alternative Sentencing and Drug Diversion

For certain offenses and offenders, there are informal sentences and drug diversionary programs available.

These programs vary greatly, but some common alternatives are Deferred Entry of Judgment (DEJ), Proposition 36 sentencing and informal diversion. DEJ is where a defendant pleads guilty to a drug offense, but the sentence is suspended pending a year of probation and drug counseling and drug testing programs. When the defendant successfully completes the court ordered programs, the charges are dismissed as if it never happened.

Proposition 36 is similar to DEJ, but is more formal in nature, and certain defendants with criminal histories are ineligible for the program. A person may only enter a Proposition 36 program once every five years. Like DEJ, when a defendant successfully completes the program, the charges are dismissed.

Many times, the facts of a case will allow a skilled attorney to negotiate a unique resolution directly with the prosecution and the court. This is often referred to as “informal diversion.” In cases where informal diversion is available, it is up to your attorney to come up with a creative solution. These solutions can include anger management classes, AA and drug rehabilitation programs, community outreach programs, etc, with a subsequent dismissal as an alternative to a conviction.

If you, a family member or friend has been charged with a matter where alternative sentencing may be available, immediate representation is the key to getting into one of these programs. At the Law Offices of Benjamin Zicherman I have the experience, resources and sophistication to defend your rights. Contact me immediately for your free consultation.