Legal Question in Criminal Law in California

Prop 36 (PC 1210)

What exactly is the difference between prop 36 and pc 1000?


Asked on 4/20/09, 7:50 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: Prop 36 (PC 1210)

PC 1000 is a deferred entry of judgment program. You plead guilty up front, then sign up for and complete a series of classes. If you complete the classes and stay out of trouble for 18 months, you can withdraw your plea and the case is dismissed. It won't count as a conviction, as you were never sentenced.

Prop 36 (it's Penal Code section 1210) is another form of diversion, but works differently. You would plead guilty, then be on probation for 3 years. There are drug classes, drug testing and certain other requirements. If you successfully complete that program, you can also get the conviction off your record.

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Answered on 4/20/09, 8:42 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: Prop 36 (PC 1210)

I would just add that if you were given the choice of which one to take, you would want PC 1000. Far less onerous to complete.

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Answered on 4/21/09, 1:06 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Prop 36 (PC 1210)

Both are drug treatment programs which, if completed, result in the case being dismissed at the end of either 1 year or 18 months after being sentenced to the program. PC 1000 tends to be less demanding and easier to complete. Prop 36 always involves random drug testing. PC 1000 might or might not depending on where the case is.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/21/09, 1:06 am


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