California Pre-Trial Diversion For Minor Drug Charges (AB 208)
Relief for Immigrant Defendants Charged with Minor Drug Offenses
As of January 1, 2018, California offers a pretrial diversion program to qualifying defendants charged with minor drug offenses. In this process, defendants are permitted to plead “not guilty” before they are diverted to a drug education program. If they successfully complete this and other requirements within 12-18 months (or more, if they request and are granted more time), then the drug charge/s will be dropped, and they will have not convictions from the incident for immigration purposes, or any other purpose. Defendants who do not make satisfactory progress will return to regular criminal proceeds, to face the original charge/s.
See AB 2082 (2017) (Eggman), amending California Penal Code § 1000 et seq. For more detailed information please also see:
California Pre-Trial Diversion for Minor Drug Charges by Kathy Brady, ILRC
OFFENSES THAT CAN BE TREATED UNDER PENAL CODE § 1000 --
EITHER PRETRIAL DIVERSION (2018) OR DEFERRED ENTRY OF JUDGMENT (1997-2017)
If community members believe that they might qualify for this relief they can contact Beth Chance at beth.chance@pdo.sccgov.org
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