IPC 1000: Differed Entry of Judgment
Under PC 1000, a person charged with certain offense, typically involving drug possession, can work to have their entire case dismissed. That is because PC 1000 acts as a form of “Differed Entry of Judgment”. Differed Entry of Judgment is an alternate Plea Bargain, where instead of jail, community service, and a conviction on your record, your case can be dismissed. This would ultimately result in no criminal conviction on your record, and, if dismissed successfully under PC 1000, you can have your dismissed case sealed on PC 851.91.
IIHow do I know if I am eligible for Differed Entry of Judgment?
To be eligible for PC 1000, you must be a first time offender, without a prior conviction for drug possession on your record. The charges must not also involve a form of violence, you cannot have any prior probation or parole violations, and you must not have a prior felony conviction within the past five years of this new offense. Drug Possession charges such as HS 11350, 11357, 11358, 11364, 11368, and 11377 are the types of offenses that can become PC 1000 eligible. Also, charges under VC 23222(b), PC 381, 647(f) and 653f(d), and the B&P Code 4060 can be included under PC 1000 relief. This is not a guarantee to happen in your case, of course, as the DA in your case must agree that you should take a PC 1000 program instead of pleading guilty to the charge. This also involves work from your Ontario Criminal Defense attorney to help persuade the Prosecutor to allow you into a Program.
IIIWhat happens if I accept a PC 1000 Plea Bargain?
You must first plead “guilty” to the charges against you, but you are not sentenced if you participate in PC 1000. You would therefore not be convicted of the charges but instead, your case and sentencing would be “diverted” for 18 months for you to finish the Drug Program. The program you participate in will focus on drug rehabilitation, to help better any drug addictions you may suffer from. If you complete the required Drug Program, and do not pick up any new law violations, then when you would return to Court after 18 months, your case would be dismissed. However, if you are not a United States Citizen, despite the fact that your case may ultimately be dismissed, it can still affect your Immigration Status.
Having a clean record can be the difference between getting that dream job, or getting accepted into that top school. A conviction can affect your situation now, and your future forever. Having an attorney secure a Plea Bargain of Differed Entry of Judgment, is critical to keeping your future bright, and your criminal history clean. At Inland Empire Criminal Defense, we have handled thousands of cases dealing with PC 1000 and other forms of Drug Diversion and Differed Entry of Judgment Programs throughout San Bernardino and Riverside Counties. Call your local Ontario Criminal Defense Attorney today at the Inland Empire Defense 909-939-7126. Located in Ontario.