Deferred Entry of Judgement: Drug Diversion Series Part 1
Deferred Entry of Judgment (DEJ)
DEJ is a drug diversion program available to people who commit certain misdemeanor non-violent drug offenses. It allows such offenders to have their case dismissed upon paying a fine and participating in a drug treatment program.
DEJ Eligibility
Only specific drug offenses are eligible for DEJ diversion. The possession offenses under the Health and Safety Code include sections 11350, 11357, 11364, 11365, 11377 and 11550. Additionally, Penal Code Section 647(f) (drunk in public) and Business and Professions Code section 4060 (possession of a controlled substance without a prescription) are DEJ eligible offenses. (See Penal Code Section 1000 et. sec.) Note that you cannot receive DEJ for a drunk driving offense.
Eligibility for DEJ also rests upon the person’s criminal history. The following may disqualify someone from DEJ:
- having a prior conviction for an offense involving a controlled substance (except marijuana which is not a disqualifying offense);
- the charged offense involves violence or the threat of violence;
- they committed a noneligible drug offense;
- they committed a felony within the past 5 years;
- their probation or parole has been revoked in the past;
- they have either unsuccessfully completed or were terminated from DEJ within the past 5 years.
How to Successfully Complete DEJ
People placed on DEJ must perform the following tasks to successfully complete the DEJ program:
Take the class and pay the fee. This requires the person to sign up on their own with a local drug dependency program. The programs are usually 10 weeks long and demand 1 meeting per week. The costs of the programs vary but generally they are $400 ($40 per class). Each program has separate rules about how many classes a participant can miss before being dropped. Some classes even require drug testing so it pays to do research.
Do not miss any court appearances.
Don not re-offend. Subsequent misdemeanor or felony convictions for violent crimes or drug offenses will cause the person to be kicked out of the program.
DEJ Benefits
If a person qualifies for DEJ, the prosecutor will require them to plead guilty to the offense in exchange for DEJ. If they have complied with the program, shown satisfactory progress, completed all DEJ conditions and have not obtained another violent crime or drug offense, the charges will be dismissed from their record.
What Appears on a Person’s Records after They Complete DEJ?
Although the case has been dismissed upon successful completion of DEJ, court documents and DOJ RAP sheets will still shows that the person plead to the particular drug crime. This is the case in counties, like Placer County, that require defendants to enter a plea before being offered DEJ. Upon completion of DEJ, the record will show in a separate entry that the case was dismissed. Some counties like San Francisco allow DEJ pre plea so that no conviction ever appears on a person’s record. Unfortunately, Placer County does not manage DEJ in this fashion. Regardless, the law allows a person who successfully completed DEJ to state he was not arrested or granted DEJ, unless they are applying for a peace officer position.
~Dan Koukol, Placer County Criminal Defense Attorney
Tags: DEJ, DWI, dwi lawyer, intoxicated, marijuana, misdemeanor