Proposition 36 Drug Programs
Do your time in drug treatment instead of behind bars with a Prop 36 program
If you have been convicted of a non-violent drug offense, or you have gotten into trouble with drugs while on parole, participation in a Prop 36 drug program could be highly advantageous.
Here’s How Prop 36 Works
Under Proposition 36, it is actually mandatory for judges to sentence qualifying offenders to Prop 36 drug diversion rather than jail or prison. Here’s how the process works:
- You will plead guilty or no contest to a non-violent drug charge, such as possession or under the influence
- The judge will place you on probation (or modify your parole for a drug-related parole violation).
- You will complete the terms of your probation (or parole), which will include a drug treatment program in addition to any other terms the judge wants to impose, such as vocational training, family counseling, or community service.
- If you fail to complete the drug treatment program or otherwise violate the terms of your Prop 36 sentence, you could be removed from the program and sentenced to jail time instead.
- If you successfully complete the program, you can petition the judge to dismiss your drug conviction. If the petition is granted, it will be like the conviction never happened.
Now You May Wonder…
…Do I Need an Attorney If I Want to Pursue Prop 36 Drug Diversion?
Yes. The law surrounding Prop 36 is complex, and you will definitely want a knowledgeable drug defense attorney like Perlmutter & Pourshalimi to explain all the details to you.
The first way we can help is by analyzing the facts of your case and fighting the charges against you if appropriate. Even if the evidence against you seems daunting and police and prosecutors have assured you that you will be convicted, this may not be the case. As your drug defense attorney, we will always make getting a dismissal or acquittal our first priority. If you are eligible for Prop 36 drug diversion, you have nothing to lose by fighting the charges. Even if you lose your case and you are convicted, the judge must still sentence you to drug diversion instead of jail.
Another way we can help as your drug defense attorney is by explaining your eligibility. Eligibility is a complicated issue with lots of rules and exceptions based on the current charge you are facing and your criminal background. Even if you are not eligible as charged, we may still be able to help you participate in Prop 36 by securing a reduction of charges. For example, if you are charged with possession for sale of narcotics, you are not eligible for Prop 36. But if we can convince the prosecutor to reduce your charge to simple possession, you will be eligible.
We Can Protect Your Interests As Your Drug Defense Attorney
If you have been charged with any kind of drug offense, call us immediately. We will work hard to secure the best possible outcome to your case, given the facts and your needs. This may or may not be Prop 36 drug diversion. Call us at 310-295-2236 today to learn more during a free consultation with a knowledgeable drug defense lawyer.