| Individuals arrested on drug charges in California often
fear that jail is an unavoidable consequence, but there are many types
of alternative sentencing available that can help the individual avoid
incarceration. One such option is Proposition 36 diversion - the offender
is allowed to enter a treatment program instead of jail. The skilled
drug defense lawyers at the Kavinoky Law Firm are experienced in every
aspect of Prop. 36 diversion and will fight hard to keep drug defendants
out of jail.
Proposition 36 diversion is a complex process that is best navigated
by a top criminal defense team that includes a skilled drug defense
lawyer and a knowledgeable Substance Abuse Expert. The expert's
thorough evaluation can establish whether the offender has a drug
problem that would be better addressed by rehabilitation than incarceration.
Prop. 36 was approved overwhelmingly by California voters in 2000
to provide a chance for first- and second-time minor drug offenders
to seek the type of treatment that isn't generally available in
county jails.
Prop 36 won't leave the defendant with a completely clean slate,
unlike a deferred entry of judgment, which allows first-time California
drug offenders to have the conviction erased from their records
once they complete the program. However, a residential treatment
program or another form of rehabilitation is preferable to time
spent in county jail in every way.
Not all drug offenders have a problem with controlled substances,
but for those who do, Proposition 36 diversion can literally be
a lifesaver. While in treatment, the offender will receive counseling,
education, and attend Narcotics Anonymous meetings that will provide
tools to address any drug dependency issues that may exist.
Prop. 36 diversion is only available to those accused of relatively
minor drug crimes, such as simple possession or being under the
influence. However, even drug offenders who are ineligible for Proposition
36 or a deferred entry of judgment may be able to avoid jail through
other types of alternative sentencing. Electronic monitoring, residential
treatment, drug court or informal diversion may all be options.
For those who are eligible, Proposition 36 diversion provides an
excellent opportunity to put a California drug arrest into the past
and make a fresh start. The top defense attorneys and skilled Substance Abuse Experts at the Kavinoky Law Firm have made Prop 36 diversion
a reality for countless California drug defendants. An experienced
defense lawyer can answer any questions about Proposition 36 or
other sentencing alternatives during a free consultation.
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