Learn how DEJ programs help certain offenders put their criminal past behind them

Having a conviction for any kind of criminal offense on your permanent record can be a real hardship. This seems especially unfair when the offense was a minor, non-violent one. Fortunately, California does provide an alternative for certain offenders: the Deferred Entry of Judgment.

What Is Deferred Entry of Judgment?

Deferred Entry of Judgment (DEJ) is an alternative sentencing program that gives certain qualifying offenders the opportunity to rehabilitate themselves rather than receiving a more traditional punishment such as probation or jail time.

Here’s how it works:

• The defendant enters a guilty plea
• The judge suspends the proceedings (defers the judgment in the case)
• The defendant completes a drug treatment program or juvenile rehabilitation program
• The judge dismisses the charges
• The matter will not appear on the defendant’s criminal record

Benefits of Deferred Entry of Judgment

Deferred Entry of Judgment provides many important benefits over traditional sentencing:

• It provides for rehabilitation rather than punishment
• It does not subject participants to probation conditions
• It prevents defendants from being saddled with a criminal conviction on their permanent record
• It also allows defendants to legally say they have never been arrested OR convicted for the offense in question

However, Deferred Entry of Judgment is only beneficial if defendants successfully complete the program. If they drop out of drug treatment or commit another crime during the program, they can immediately be sentenced by the judge, with no opportunity for a trial, because they have already entered a guilty plea at the start of the program.

Who Is Eligible for Deferred Entry of Judgment?

Deferred Entry of Judgment programs are available to certain adult drug offenders as well as many juvenile offenders age 14 and over.

The adult program is described under PC 1000 and is available to first-time offenders who have been charged with non-violent, low-level drug crimes such as possession for personal use, possession of drug paraphernalia, or being under the influence of drugs.

The juvenile program is described under Welfare & Institutions Code Section 790 and is available to most first-time felony offenders, so long as the juvenile is at least 14, is not accused of a very serious felony, and has not previously been committed to the California Youth Authority or had their probation revoked. However, even if the minor is technically eligible for DEJ, the court will still investigate to see if they are suitable for the program—in other words if they are likely to benefit from it.

Questions?

If you are facing criminal charges, you may very well have questions about DEJ and about other alternative sentencing options that could prove beneficial to your case. The Law Office of Michael L. Fell has answers. Please contact us at (949) 585-9055 for a free initial consultation.