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Attorneys William R. Christoph & Nicholas W. Christoph

Can convictions on drug charges be avoided in Vista Courts?

On Behalf of | May 22, 2014

There is a way to avoid convictions on drug charges in Vista Courts depending on a number of factors.  If the person charged with drug charges in Vista Courts is charged only with possession of a small amount of illegal drugs for personal use or under the influence of drugs, they may be eligible for “diversion”.  This alternative to conviction requires generally no prior diversions or drug record.  The rules are a little more complicated and are outlined in California Penal Code 1000. 

A conviction in California occurrs when a person is sentenced.  If, after a review of the case and possible defenses, there are no real defenses, the attorney can try and show eligibility for the “Diversion program” for drug charges.  Based on an individuals record and pending offense, an attorney may be able to have the charges dismissed before sentencing if the defendant completes a 12 to 16 week drug program, stays drug and arrest free for 18 months.  Sentencing is continued 18 months and the charges are dismissed before sentencing if they successfully coimplete diversion.   If the defendant falls out of diversion, they get sentenced or may possible be able to do a  different program called Prop 36 which leads to a dismissal after sentencing.

Diverted offenses dismissed are as if they never happened, the arrest and record cannot be used against someone in any way excepting in a very few specific instances generally limited to specific areas concerning licensing or employment in health care or law enforcement.  You should contact an experienced criminal defense attorney who handles drug cases regularly like Attorneys Nicholas and William Christoph located directly across from Vista Courts for over 32 years.  Call Christoph Law Ofiices for a free consultation at 760-670-3885.  We provide the highest level of personal professional representation and can help you get the best resolution possible in your drug case.

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