If you or a loved one were arrested and are facing charges for a drug-related crime, it can be an emotional and nerve-wracking time. Especially if you’ve read that there is no chance for probation and a minimum jail/prison sentence attached if you are found guilty.
While there is a Drug Diversion Program for first-time offenders with minor charges (mainly possession), most charges involving selling/transporting and similar drug offenses have been excluded from it. Fortunately, a new bill has been passed that allows a judge to delay imposing the sentence in favor of probation, which includes drug treatment. Successful completion could mean the case is dismissed without any jail time.
While a criminal record can sound scary, the chance to get treatment, avoid jail time and have the opportunity to pursue record expungement makes this situation one that you can turn around.
WHAT IS SENATE BILL 73 AND WHO IS ELIGIBLE?
Signed by Governor Newsome recently, Senate Bill 73 intends to put an end to mandatory minimum sentences for those convicted of certain nonviolent drug offenses and provides judges with more options during sentencing in criminal convictions. As a result, judges will have greater freedom when handing down sentences, including having more discretion during sentencing to consider probation or other treatment options.
This is a significant change because California law had previously blocked judges from suspending sentencing for certain crimes and for certain second-time offenders. Prior to the new legislation, judges could have been required to provide minimum sentences related to possession with the intent to sell, repeat offenders, and similar offenses, often ranging from 2-7 years.
Fortunately, many non-violent drug crimes are now eligible for probation and rehabilitation in lieu of jail time. As summarized in recent news, SB 73 “ends the prohibition against probation and suspended sentencing for drug crimes, including possessing more than 14.25 grams of illegal drugs, agreeing to sell or transport opiates or opium derivatives, planting or cultivating peyote, some forging or altering prescription crimes, and other similar non-violent drug-related crimes.”
Making a wider range of offenses eligible for probation and rehabilitation over incarceration fulfills the goals of the author of the legislation. He had expressed his concern that California prisons and jails are filled with people who have committed low-level, nonviolent drug offenses. Many of these people, he said, would be better served through probation, rehabilitation and treatment. SB 73 agrees, and you or your loved one could benefit from this new opportunity.
When considering sentencing, a judge will also take various factors into account, including criminal and personal history as well as those associated with the conviction itself. This is where a proper defense with a qualified defense attorney you trust is key.
As mentioned in the introduction, California already has various pretrial diversion programs intended to provide alternatives to incarceration for many non-violent crimes, including drug offenses.
HOW IS SENATE BILL 73 DIFFERENT THAN THE DRUG DIVERSION PROGRAM?
Simply put, SB 73 provides a wider and greater opportunity for a suspended sentence. This gives the judge the discretion to delay imposing a sentence of serving time in jail or prison, potentially helping a defendant receive treatment. If probation is completed successfully, the case is dismissed without time spent incarcerated. A plea of “guilty” or “no contest” is required.
Having to enter a plea of “guilty” or “no contest” and then moving on to sentencing is the main difference between SB 73 and the Drug Diversion Program. California’s Drug Diversion Program (Penal Code 1000) is a pretrial diversion program that doesn’t require a plea. Instead of facing trial or a plea deal, defendants enter a customized treatment and education program for a set amount of time. Those who complete their program successfully can have their case dismissed and their arrest records remain clear.
The Drug Diversion Program is often not available for many drug-related offenses because they typically must be pertaining only to personal drug use and the defendant must also meet certain other strict requirements. Read more about the Drug Diversion Program here. Even if you do not qualify for a pretrial diversion program, the opportunities within SB 73 are just as valuable on the road to rehabilitation and may just be available to you.
GET A SECOND CHANCE WITH PROPER DEFENSE
Rehabilitative and diversion programs can vary by county, and State and Federal laws are continuously changing. A proper defense is vital to successfully identifying — and securing — eligibility for opportunities to improve the trajectory of your case proceedings after a drug-related arrest.
For a true advocate that you can trust, in a judgment-free zone, contact Proper Defense Law Corporation today. For a FREE consultation in the Fresno area, call (559) 825-3800. You can reach us at our Beverly Hills location by calling (424) 284-4066. You can also schedule an appointment online on our Contact Us page. It gets better with Proper Defense, we promise.
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