It can be quite difficult to live with a criminal conviction on your permanent record of any kind. This seems especially unjust considering how little and non-violent many offenses are. Fortunately, California does offer the Delayed Entry of Judgment as an alternative for some offenders. Keep reading to learn about this option and contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation.

Delayed Entry of Judgment: What Is It?

Delayed Entry of Judgment (DEJ) is an alternative sentencing procedure that offers eligible offenders the chance to turn their lives around instead of being punished more traditionally with probation or jail time.

This is how it goes:

• The accused makes a guilty plea.
• The judge puts the case on hold (defers the judgment in the case).
• The defendant completes a drug rehabilitation program or a program for young people or another type of diversion program.
• The judge drops the allegations.
• The incident won't show up on the defendant's criminal history.

Advantages of a Deferred Entry of Judgment

Compared to typical sentencing, deferred entry of judgment offers a number of significant advantages:

• It offers treatment rather than punishment.
• Participants are not subject to probationary rules.
• It shields defendants from having a felony conviction remain on their records permanently.

Additionally, it enables offenders to claim in court that they have never been detained OR found guilty of the charged offense.

Delayed Entry of Judgment, however, is only advantageous if the defendants finish the course. Because they entered a guilty plea at the beginning of the program, if they abandon drug treatment or commit another crime while enrolled, the judge can punish them right away without giving them a chance for a trial.

Who Qualifies for a Judgment's Delayed Entry?

Programs for deferred entry of judgment are available to many juvenile offenders aged 14 and older as well as some adult drug offenders.

For first-time offenders accused of non-violent, low-level drug crimes such possessing drugs for personal use, possessing drug paraphernalia, or being under the influence of drugs, the adult program is specified under PC 1000.

The juvenile program, which is outlined in Welfare & Institutions Code Section 790, is open to the majority of first-time felons as long as they are at least 14 years old, haven't been charged with a serious felony, haven't been committed to the California Youth Authority before, and haven't had their probation revoked. The court will nevertheless look into the minor's suitability for the program—in other words, if they are likely to profit from it—even if they are formally qualified for DEJ.

Questions?

If you are facing criminal charges, it's likely that you have questions regarding DEJ and other sentencing alternatives that might help your case. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.