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How Treatment Options Can Keep You Out of Jail for Drug Crimes

Posted on in Criminal Defense

San Jose drug defense attorneys, drug crimes, drug charges, criminal conviction, drug diversion programDespite relaxed laws in terms of recreational marijuana use, drug crimes in California are still vigorously prosecuted and a criminal conviction can carry potentially serious penalties. In San Jose, the best way to protect yourself against a criminal record and the possibility of a jail sentence is to have an experienced criminal attorney working on your case. At Jachimowicz Law Group, we build a strong legal defense for clients facing drug charges, which may include exploring drug rehabilitation and treatment options as a way of getting your charges dropped or dismissed.

California’s Proposition 36

When representing clients charged with drug offenses, our first approach is to thoroughly investigate every aspect of your case, gathering evidence that would support getting your charges reduced or completely dismissed. This may include disputing witness statements and physical evidence collected at the scene, along with uncovering discrepancies in your arrest or the way in which your charges were processed. Depending on the situation, we may be able to negotiate with law enforcement officials and with the prosecuting attorney prior to taking your case to trial.

In the event that the proper procedures were followed and there is overwhelming evidence against you, a pretrial drug diversion program may be in your best interests. In California, Proposition 36 (CA Penal Code Sections 1210-1210.1) may allow you to avoid a criminal conviction, provided you meet the program eligibility guidelines:

  • Your charges involve a non-violent drug offense;
  • You have no recent, prior convictions under California’s ‘three strikes’ law;
  • Your current charges are not combined with any other misdemeanor or felony offenses unrelated to the use of drugs;
  • You were not in possession of a firearm at the time of your arrest;
  • You are willing to complete a court approved drug treatment program, which may involve outpatient or residential treatment, drug education, and aftercare; and
  • You have received treatment under Proposition 36 programs less than three times in the past.

In addition to possibly helping you avoid a drug crime conviction and a potential jail sentence in your case, one of the main advantages of Proposition 36 is that we can continue fighting your case all the way through the criminal court process. This allows us to take advantage of every opportunity for securing a ‘not guilty’ verdict, while still keeping treatment as an option on the table in the event of a conviction.

Contact Us Today for Help

In addition to utilizing Proposition 36 in criminal court proceedings, we can also work on defending your case through the California Drug Courts. This provides an additional alternative for certain non-violent drug offenders. By utilizing substance abuse treatment, court supervision, and probationary practices, this program helps save taxpayer money while allowing drug offenders to get the rehabilitation they need

If you are facing criminal charges for any type of drug offense, reach out and contact Jachimowicz Law Group right away. We can arrange a consultation with our talented San Jose drug defense attorneys, who can advise you on the options available to help you avoid the potentially severe penalties associated with a conviction.

Sources:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1170.126.&article=1.&highlight=true&keyword=Proposition%2036

http://www.courts.ca.gov/5979.htm

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