Can I Get Drug Charges Dropped If It’s My First Offense?

Getting arrested for drug possession is scary, especially if it’s your first offense. Will this mistake derail your life? Are you doomed to have a criminal record?

The good news is, if you’re a first-time drug offender in California, you may have options to get your charges dropped or reduced.

In this post, we’ll go over the potential paths to clearing your record after a first-time drug arrest, including drug diversion programs, Prop 36, and PC 1000. We’ll also cover how a skilled criminal defense lawyer can help you pursue the best outcome.

Deferred Entry of Judgment – PC 1000

Penal Code 1000, known as DEJ or “deferred entry of judgment,” is a diversion program available to some first-time, nonviolent drug offenders. If you qualify for PC 1000, you can get your charges dismissed by completing:

• Drug treatment/education program
• Probation (typically 1-3 years)
• Court fees/fines

PC 1000 does not require a guilty plea. The criminal proceedings are suspended while you complete the program requirements. If you fulfill the terms, the judge will dismiss your charges. You can then get your arrest record sealed.

Eligibility for PC 1000

You may qualify for deferred entry of judgment if:

• You’ve never had a prior drug conviction
• The current charges are for simple possession or other nonviolent drug offenses
• You’ve never done drug diversion or DEJ before
• You aren’t facing any non-drug related charges at the same time

Examples of charges that may qualify for PC 1000 include:

• Health & Safety Code 11350 – possession of controlled substance
• Health & Safety Code 11357 – possession of marijuana
• Health & Safety Code 11358 – cultivation of marijuana
• Health & Safety Code 11550 – under influence of controlled substance

If you’re approved for PC 1000, you have the right to a speedy trial and attorney representation throughout the process. An experienced drug crime lawyer can help you navigate the eligibility and application steps.

Proposition 36

Prop 36, the Substance Abuse and Crime Prevention Act, is another way some first-time drug offenders can get treatment instead of jail time. The key differences between Prop 36 and PC 1000 are:

• Prop 36 requires a guilty plea before treatment
• You can still qualify for Prop 36 with a prior drug conviction
• Prop 36 convictions can be expunged from your record after completion

If eligible for Prop 36, you’ll do a court-monitored drug treatment program. Upon finishing treatment and any other probation terms, you can ask the court to expunge your conviction. This releases you “from all penalties and disabilities” of the offense.

Prop 36 vs PC 1000

In general, PC 1000 is better for first offenders because it doesn’t require a guilty plea or conviction. However, Prop 36 may still help you avoid incarceration and clear your record if you have a previous drug conviction. A knowledgeable lawyer can advise on the best approach in your case.

Drug Diversion Under Penal Code 1001.95

As of 2021, there’s a new drug diversion law – Penal Code 1001.95. This law allows judges to offer diversion in misdemeanor cases, even over a prosecutor’s objection. While not specific to drug crimes, it can apply to many first-time drug possession charges.

If granted PC 1001.95 diversion, you complete treatment and probation terms for up to 24 months. When you finish the program, your case is dismissed and arrest record sealed. This prevents the creation of a damaging criminal record.

“Wobbler” Drug Offenses

Some drug crimes in California, like possession for sale and transportation of drugs, are “wobblers. A skilled defense lawyer may convince the DA to file these as misdemeanors instead of felonies for first-time offenders. While not a complete dismissal, a misdemeanor is much better than a felony.

Factors that can sway a “wobbler” drug charge in your favor include:

• No prior criminal history
• Strong ties to the community
• Small quantity of drugs involved
• Absence of weapons, large cash sums, or other aggravating circumstances

Defending First-Offense Drug Charges

Even if diversion isn’t an option, you still have hope of avoiding a conviction. An accomplished drug defense attorney can assess the strongest arguments in your case, which may include:

• Unlawful search and seizure
• Lack of probable cause for arrest
• Crime lab analysis errors
• Misconduct in handling of drug evidence
• Actual innocence/mistaken identity
• Drugs belonged to someone else
• Valid prescription for controlled substance

Don’t plead guilty to a first-time drug charge without consulting a lawyer. You may have excellent defense options.

Get a Free Consultation With a Drug Defense Pro

Getting arrested for drugs is not the end of the world, even if it’s your first offense. California law recognizes that many first-time offenders benefit more from rehabilitation than punishment. You may be able to participate in a diversion program to earn a dismissal and clear your record.

If you’re facing first-time drug charges, you owe it to yourself to explore every available defense and diversion option. Don’t let one mistake jeopardize your whole future.

At The Nieves Law Firm, we understand how much is at stake with drug charges. We can protect your rights and advocate tirelessly for a second chance through diversion, dismissal, or reduction of charges. Your consultation is completely confidential, so you have nothing to lose by getting our experienced insights.

Take the first step to putting your drug arrest behind you. Contact us today for your free, no-obligation case review. Let us help you move forward to a brighter future.