Being arrested for a drug crime in California can feel overwhelming. Whether you were charged with simple possession or something more serious, your first concern is likely avoiding jail and preserving your record. Fortunately, California law offers several diversion programs that may allow eligible defendants to avoid incarceration—and in some cases, walk away without a criminal conviction.
At Law Office of Michael L. Fell, we regularly help clients facing drug charges explore all available legal options, including pretrial diversion and alternative sentencing. Here’s what you need to know about how these programs work and whether you might qualify.
What Is a Diversion Program?
A diversion program is an alternative to traditional prosecution that allows certain individuals charged with low-level, nonviolent offenses—like simple drug possession—to receive treatment, education, or perform community service instead of going to trial or serving jail time.
If you complete the program successfully, your charges may be dismissed and your record kept clean. This is especially valuable for college students, professionals, or anyone concerned about the long-term impact of a criminal conviction.
California Penal Code § 1000: Pretrial Diversion for Drug Offenses
Under California Penal Code § 1000, certain first-time drug offenders may be eligible for pretrial diversion. This applies to nonviolent drug possession charges involving substances like cocaine, heroin, methamphetamine, and prescription drugs.
To qualify, the following must be true:
- You were charged with a qualifying offense (such as simple possession)
- You have no prior drug convictions in the last five years
- Your case does not involve violence, sales, or possession for sale
- You agree to comply with treatment and court supervision
If accepted, you’ll be enrolled in a drug education or treatment program, typically lasting 12 to 18 months. If you meet all requirements, your case will be dismissed.
Prop 36 and Drug Court: Alternatives to Incarceration
Even if you don’t qualify for Penal Code § 1000 diversion, other alternatives may be available:
- Proposition 36: This law allows individuals convicted of nonviolent drug possession to receive probation and treatment instead of jail time. If you violate the terms, however, you could be sentenced to jail.
- Drug Court: For more serious cases—or repeat offenses—Drug Court offers a structured, judge-supervised program focused on recovery. It typically includes frequent drug testing, counseling, and regular court appearances. Graduates can avoid prison and have their charges dismissed or reduced.
These programs are not easy—but they provide a second chance for individuals who are ready to make a change and avoid the harshest consequences of a drug conviction.
What If You’re Not a First-Time Offender?
Even if this isn’t your first run-in with the law, you may still be eligible for relief. Some counties are more flexible than others, and an experienced criminal defense attorney can often negotiate alternative sentencing or creative plea deals that prioritize rehabilitation over punishment.
At Law Office of Michael L. Fell, we assess every aspect of your case to determine your eligibility and advocate for the best possible outcome.
Protect Your Future—Don’t Assume You Have No Options
A drug charge can affect your career, education, housing, and immigration status. But you may have more options than you think. Whether it’s negotiating a diversion program, challenging the legality of a search, or reducing charges through a plea deal, the right legal strategy can make a major difference.
If you've been charged with a drug offense, don’t wait. The earlier you involve an attorney, the more choices you’ll have. Contact Law Office of Michael L. Fell at (949) 585-9055 to schedule a confidential consultation and learn how we can help you move forward with confidence.