Legal Question in Criminal Law in California

prop. 36

The case I'm refering to is in Ventura County, California. I would like to know the difference in defer of judgement ''diversion'' & prop 36. Also is prop 36 a sentence that is given to first time offender's or is that given to repeat offenders?

Any answer's or any direction you can offer is greatly appreciated. Thank you for your time.--name removed--


Asked on 11/29/05, 6:26 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: prop. 36

Given the choice, you are better off with Diversion or Deferred Entry of Judgment (DEJ), because you don't enter a plea. You can put on DEJ only once every 5 years. With prop 36, you enter a guilty plea, judgment is entered, and you commence compliance with treatment programs and probation, etc. If you complete the program, your guilty plea is set aside, the judgment is vacated and the case is dimissed and probation terminated. If you falter, however, your guilty plea can be upheld and you will have to comply with sentencing. Good Luck.

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Answered on 11/29/05, 12:50 pm


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