Monthly Archives: September 2012

California Penal Code 1000 PC Deferred Entry of Judgment Drug Diversion Program

Deferred Entry of Judgment Drug Diversion Program


Many non-violent drug offenders would benefit more from treatment and education than from jail and a criminal record.

Penal Code 1000 PC is California’s Deferred Entry of Judgment ( DEJ ) program allows offenders an alternative to prison or other criminal punishments. It is a drug diversion program that allows eligible defendants to be diverted out of the criminal court system and into a drug rehabilitation program.

Tom Wilson Counseling Center offers an Online 26 Hour Deferred Entry of Judgment Drug Diversion Class for out of state residents who receive a drug charge offense in the State of California and cannot find other in-person solutions or alternatives.

Ask your attorney to determine if you are eligible.

Overview of Penal Code 1000 PC

Deferred Entry of Judgment, defined in Penal Code 1000 PC, allows eligible defendants the opportunity to have their criminal proceedings suspended while they attempt to complete a drug treatment program.

Generally speaking, the defendant enters a guilty plea to the charge(s). If the judge determines that the defendant is a good candidate for drug diversion, he/she will suspend the criminal proceedings, typically for a period of 18 months, although it may be as long as three years, while the defendant participates in a drug rehabilitation program.

A drug rehabilitation program is one that has been certified or deemed credible and effective by the applicable county drug program administrator. The defendant may request to be referred to a program in any county, as long as the program meets this criteria. All programs include at least some of the following curriculum:

  • an initial assessment of the defendant,
  • a minimum of 20 hours of effective education and/or counseling, and
  • an exit conference which shall reflect the defendant’s progress during his/her participation in the program.

If the defendant successfully completes the program, the judge dismisses the charges and, with only a few exceptions, the defendant may truthfully state that he/she has never been arrested for the charged offense.

However, if the judge does not believe that the defendant would benefit from treatment or the defendant does not successfully complete his/her course of treatment, the judge will impose sentence on the charge(s).

Eligibility

Before a defendant can participate in California’s deferred entry of judgment program, he/she must be eligible to do so. Eligibility is primarily based on two factors:

  • the charged offense(s), and
  • the defendant’s personal history.

The charged offense(s)

California drug diversion is only offered in connection with certain qualifying offenses. If your charged offense/offenses are not specifically listed under Penal Code 1000 PC, you will not be able to participate in this deferred entry of judgment program.

There are essentially two criteria for these offenses:

  1. they must involve personally possessing or using drugs as opposed to possessing them for sale or   actually selling them, and
  2. the crime must not involve any allegations of violence or threatened violence.

The most common examples of these California drug crimes include (but are not limited to) violations of:

  • Health and Safety Code 11377 HS and Health and Safety Code 11350 HS California’s laws against personal possession of a controlled substance
  • Health and Safety Code 11357 HS California’s law against possession of less than one ounce of marijuana
  • Health and Safety Code 11358 HS California’s law against cultivating marijuana 10 (if you can prove that you only cultivated the marijuana for your own personal use)
  • Health and Safety Code 11364 HS California’s law against possessing drug paraphernalia
  • Health and Safety Code 11365 HS California’s law against knowingly being in a place where drugs are being used
  • Health and Safety Code 11550 HS California’s law against being under the influence of a controlled substance
  • Health and Safety Code 11368 HS California’s law against forging or presenting a forged prescription to obtain drugs (if you can prove that the acquired controlled substances were exclusively for your personal use)
  • Vehicle Code 23222(b) VC California’s law against driving while in possession of marijuana
  • Penal Code 647(f) PC California’s drunk in public law (if you were under the influence of drugs or drugs and alcohol, as opposed to just alcohol)
  • Penal Code 653f(d) PC California’s law against soliciting drug sales or transportation17 (if you can prove that you only “solicited”…that is, encouraged…another person to engage in these activities so that you could exclusively acquire drugs for your personal use)

Some of the controlled substances that are covered by these laws include:

cocaine, heroin, peyote, gamma-hydroxybutyric acid (GHB), ecstasy (X), ketamine (Special K),    methamphetamines, marijuana, certain hallucinogenic substances, such as phencyclidine (“PCP”), and even certain prescription drugs such as codeine, and hydrocodone (Vicodin).

Penal Code 1000 PC California’s DEJ program is not only applicable to a much wider variety of crimes than its counterpart California Proposition 36 but is also much less restrictive. This is because PC 1000 allows convictions for certain offenses that Prop. 36 does not.

These offenses include, for example,

  • cultivating marijuana for your personal use, and
  • forging prescriptions for your personal use.21

Your personal history

Even if the charged offense qualifies you for DEJ, you must still prove that you are personally eligible for drug diversion. In order to qualify, you cannot have;

  • any prior drug-related convictions,
  • had your probation or parole revoked without completing your terms and conditions,
  • participated in a drug diversion or DEJ program within five years prior to the alleged commission of the charged offense, and
  • any prior felony convictions within five years prior to the alleged commission of the charged offense.22

If you do not meet these criteria, the judge will declare you ineligible for deferred entry of judgment and sentence you on the charged offense(s).

Sentencing in Connection with Deferred Entry of Judgment

Once the judge determines that you are a good candidate for Penal Code 1000 PC California’s deferred entry of judgment program, you must enter a guilty plea to the applicable charge(s). At that point, you waive time for the pronouncement of judgment, which means that you give the court permission to postpone sentencing, so that you can participate in drug diversion.

Drug treatment

At the court’s request, the court’s local probation department will conduct an investigation as to what course of treatment is most appropriate. It will consider factors such as the defendant’s age, any employment and/or service records, education, community and family ties, and any prior drug history (including any prior treatment history).

But regardless of what the probation department recommends, the ultimate decision as to what type of treatment should be offered is up to the judge.

If the prosecutor, probation department or the court believes that you are failing to adhere to the program, are not benefiting from treatment, have been convicted of a) a felony, or b) a misdemeanor that reflects your propensity for violence, or c) have engaged in any criminal activity that renders you unsuitable for DEJ, the judge may enter judgment on the guilty plea and will set a sentencing hearing to determine the appropriate punishment for the charge(s). However, if you successfully complete the program, the court is required to dismiss the charge(s).

Successful Completion of DEJ

What makes drug diversion so attractive is the fact that your criminal charge(s) will be automatically dismissed as long as you successfully complete the program. Once your charges are dismissed, it is almost as if the arrest legally never occurred.

There is an exception to this general principle. You and the Department of Justice must disclose the arrest if you apply to become a peace officer. Other than that, when you successfully complete your deferred entry of judgment program, “the arrest upon which the judgment was deferred shall be deemed to have never occurred”. This means that you can truthfully state that you have never been arrested or granted deferred entry of judgment for the offense, and the arrest record cannot be used in any way to affect your employment or a professional license or certificate.

ALL classes developed and monitored by Tom Wilson, a Licensed Clinical Professional Counselor who is also a Certified Alcohol and Substance Prevention Specialist. Tom is the author of “Taming Anger and Aggression”, an anger management program which has been taught to hundreds of people at the counseling center over the last twelve years. He specializes in adapting evidence-based substance abuse prevention programs for delivery through the web and other electronic media.

Online Alcohol Drug Class

Alcohol and Drug Awareness Education Classes

Our classes have been approved in all states for out of state residents who received a DUI or Minor in Possession in another state.  If you received a DUI , DWI or Minor in Possession charge in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and are required to complete an alcohol class, alcohol awareness class or alcohol and drug education, and cannot find an in-person class in your area, are an out of state resident, or are currently living overseas, you can complete one of our DUI classes, alcohol classes, drug classes to meet court or agency requirements. Many states accept our online classes if you reside in the same state in which you received your citation.

Why choose Tom Wilson Counseling for your online class?


  • Tom Wilson Counseling Center has been providing ONLINE classes since 2005
  • Tom Wilson is a Licensed Clinical Professional Counselor, an Internationally Certified Prevention Specialist and an approved DUI and Substance Abuse Evaluator
  • Approved by most states, courts, agencies, judges, attorneys, colleges, universities and employers
  • Convenient and affordable
  • SECURE registration and payment.  
  • PRIVACY. Your personal is NEVER shared with anyone unless you request it.
  • Classes and evaluations available 24/7
  • Live phone support, Monday-Friday, 9am-5pm MST
  • Technical support via email for enrolled members
  • Personalized Alcohol Self Assessment and Feedback
  • FREE Proof of Enrollment
  • FREE Certificate of Completion
  • FREE Victims Impact Panel

Alabama Alcohol Drug Substance Minor in Possession Classes
Alaska DUI Alcohol Drug Substance Minor in Possession Classes
Arizona DUI Alcohol Drug Substance Minor in Possession Classes
California Out-of-State Residents DUI Alcohol Minor in Possession Deferred Entry of Judgment Programs
Colorado Alcohol Drug Substance Minor in Possession Classes
Connecticut Alcohol Drug Substance Minor in Possession Classes
Delaware DUI Drinking Driver Program Alcohol Drug Substance Minor in Possession Classes
District of Columbia DUI Alcohol Drug Substance Minor in Possession Classes Diversion Program
Florida DUI Alcohol Drug Substance Minor in Possession Classes
Georgia DUI Risk Reduction Alcohol Drug Substance Minor in Possession Classes
Hawaii DUI Alcohol Drug Substance Minor in Possession Classes
Idaho DUI Impaired Driver Alcohol Drug Substance Minor in Possession Classes
Illinois DUI Alcohol Drug Substance Minor in Possession Classes
Indiana DUI Alcohol Drug Substance Minor in Possession Classes
Iowa DUI Alcohol Drug Substance Minor in Possession Classes
Kansas DUI Alcohol Drug Substance Minor in Possession Classes
Kentucky DUI Alcohol Drug Substance Minor in Possession Classes
Louisiana DUI Intoxicated Driver Repeat Offender Alcohol Drug Substance Minor in Possession Classes
Maine DUI Risk Reduction Alcohol Drug Substance Minor in Possession Classes
Maryland DUI Alcohol Drug Substance Minor in Possession Classes
Massachusetts DUI Driver Alcohol Drug Substance Minor in Possession Classes
Michigan DUI Alcohol Drug Substance Minor in Possession Classes
Minnesota DUI DWI First Offender Alcohol Drug Substance Minor in Possession Classes
Mississippi DUI Alcohol Drug Substance Minor in Possession Classes
Missouri DUI DWI Offender Alcohol Drug Substance Minor in Possession Classes
Montana DUI First Repeat Offender Alcohol Drug Substance Minor in Possession Classes
Nebraska DUI Alcohol Drug Substance Minor in Possession Classes
Nevada DUI Alcohol Drug Substance Minor in Possession Classes
New Hampshire DUI Alcohol Drug Substance Minor in Possession Classes
New Jersey DUI Alcohol Drug Substance Minor in Possession Classes
New Mexico DUI DWI Alcohol Drug Substance Minor in Possession Classes
New York DUI Drinking Driver Alcohol Drug Substance Minor in Possession Classes
North Carolina DUI Alcohol Drug Substance Minor in Possession Classes
North Dakota DUI Alcohol Drug Substance Minor in Possession Classes
Ohio DUI Driver Intervention Alcohol Drug Substance Minor in Possession Classes
Oklahoma DUI Alcohol Drug Substance Minor in Possession Classes
Oregon DUI Alcohol Drug Substance Minor in Possession Classes
Pennsylvania DUI Alcohol Highway Safety Drug Substance Minor in Possession Classes
Rhode Island DUI Alcohol Drug Substance Minor in Possession Classes
South Carolina DUI Alcohol Drug Substance Minor in Possession Classes
South Dakota DUI DWI Alcohol Drug Substance Minor in Possession Classes
Tennessee DUI School Alcohol Drug Substance Minor in Possession Classes
Texas DUI Alcohol Drug Substance Minor in Possession Classes
Utah DUI Alcohol Drug Substance Minor in Possession Classes
Vermont DUI Alcohol Driving Drug Substance Minor in Possession Classes
Virginia DUI Alcohol Drug Substance Minor in Possession Classes
Washington DUI Alcohol Drug Substance Minor in Possession Classes
West Virginia DUI Alcohol Drug Substance Traffic Offender Minor in Possession Classes
Wisconsin DUI Alcohol Drug Substance Minor in Possession Classes
Wyoming DUI Alcohol Drug Substance Minor in Possession Classes

AB 762 Alcohol Class Program for California Non-Residents

Register for California 12 Hour Online Wet-Reckless Class
If you received a DUI in the State of California and live in another state you might be required to take an Alcohol Education Class as part of your sentence.  Please get court approval before enrolling.
Tom Wilson Counseling Center offers several options for those who got a DUI (Driving Under the Influence) offense in the State of California but are not a resident of California.  All classes are online and available 24 hours a day, 7 days a week, 365 days a year.  You can work on your class on your time and at your convenience from any location with an internet connection.
Basic computer and internet skills, with a knowledge of how to use a browser required to complete the class. Classes are best viewed on PCs with latest versions of Internet Explorer, Mozilla Firefox, Google Chrome, Apple Safari and Opera, but can also be viewed and completed using Smart Devices.  Many of our students have successfully completed our classes on a Smart Device, such as an iPad or other Droid tablets. Please be advised that the classes contain a lot of textual content and some images, links and videos that may be difficult to see on a smaller Smartphone device such as a Droid, Blackberry, iPhone, etc…

Click here for all Online California DUI Classes for Out-of-State Residents

Click here for all DUI Classes

Click here for all Alcohol / Drug Education Classes

Tom Wilson Counseling Center has been providing online APPROVED DUI, Alcohol, Drug and Anger Classes since 2005.  Tom Wilson Accreditations.

Anger Management classes for NFL Fans

NFL Fan Therapy: Unruly get Anger Management

by Roz Zurko at Examiner.com

NFL fans will end up in therapy if their conduct warrants an ejection from the game, as the National Football League is cracking down on the fans that demonstrate uncontrollable anger, alcohol abuse and crude behavior. If you get ejected from a game you will be sent a letter encouraging an apology to the team. The letter will also inform you that it’s mandatory that you do an online course of therapy if you ever want to go see an NFL game in-person again, according to ESPN.

This new NFL plan of action comes into play this year. This online course that you’d be expected to complete will cost you. The cost varies by team such as the Detroit Lions and Atlanta Falcons charge the least amount of all the teams at $50. The New England Patriots therapy course will set you back the most out of all the NFL teams at $100.

If you try to get back into a game without doing the mandatory course of therapy, you will be arrested for trespassing. The teams are expected to use the technology of facial recognition to monitor the fans that have been ejected and didn’t complete the course. If they try to come back in, the NFL is planning to follow through with arresting them for trespassing.

While you might think there are at best a handful of people that get ejected from the games each year, think again. Last year about 7,000 fans were booted from the NFL games.

The reasons range from lighting up inside the stadium to starting fights with other fans. Some of the teams are known to be strict in certain areas of fan conduct like the Oakland Raiders who have a zero tolerance for smoking. That team can boot up to 300 fans a game for smoking.

The four-hour online course has 12 chapters including “Skills in Stress Management,” “The Cost of Alcohol Abuse in America,” along with many other’s like “Communication is King.” If you think you can just let it play out on your laptop and breeze through it, you’re sadly mistaken. The course comes complete with pop quizzes that you must do on the spot, according to Newser.

It looks like the days of putting on a team’s jersey and going to the game as your defiant alter-ego are over. If you plan on demonstrating behavior that goes against the code of fan conduct for that team, you will pay one way or another!

Reference: ESPN, Newser

Tom Wilson Counseling Center offers 8, 12 and 16 Hour Online Anger Management classes.

ALL classes developed and monitored by Tom Wilson, a Licensed Clinical Professional Counselor who is also a Certified Alcohol and Substance Prevention Specialist. Tom is the author of “Taming Anger and Aggression“, an anger management program which has been taught to hundreds of people at the counseling center over the last twelve years. He specializes in adapting evidence-based substance abuse prevention programs for delivery through the web and other electronic media.

Complete Alcohol Drug Class Online to Meet Court Requirements

APPROVED Alcohol and Drug Awareness Education Classes

Our classes have been approved in all states for out of state residents who received a DUI or Minor in Possession in another state.  If you received a DUI , DWI or Minor in Possession charge in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and are required to complete an alcohol class, alcohol awareness class or alcohol and drug education, and cannot find an in-person class in your area, are an out of state resident, or are currently living overseas, you can complete one of our DUI classes, alcohol classes, drug classes to meet court or agency requirements. Many states accept our online classes if you reside in the same state in which you received your citation.

Why choose Tom Wilson Counseling for your online class?


  • Tom Wilson Counseling Center has been providing ONLINE classes since 2005
  • Tom Wilson is a Licensed Clinical Professional Counselor, an Internationally Certified Prevention Specialist and an approved DUI and Substance Abuse Evaluator
  • Approved by most states, courts, agencies, judges, attorneys, colleges, universities and employers
  • Convenient and affordable
  • SECURE registration and payment.  
  • PRIVACY. Your personal is NEVER shared with anyone unless you request it.
  • Classes and evaluations available 24/7
  • Live phone support, Monday-Friday, 9am-5pm MST
  • Technical support via email for enrolled members
  • Personalized Alcohol Self Assessment and Feedback
  • FREE Proof of Enrollment
  • FREE Certificate of Completion
  • FREE Victims Impact Panel

Alabama Alcohol Drug Substance Minor in Possession Classes
Alaska DUI Alcohol Drug Substance Minor in Possession Classes
Arizona DUI Alcohol Drug Substance Minor in Possession Classes
California Out-of-State Residents DUI Alcohol Minor in Possession Deferred Entry of Judgment Programs
Colorado Alcohol Drug Substance Minor in Possession Classes
Connecticut Alcohol Drug Substance Minor in Possession Classes
Delaware DUI Drinking Driver Program Alcohol Drug Substance Minor in Possession Classes
District of Columbia DUI Alcohol Drug Substance Minor in Possession Classes Diversion Program
Florida DUI Alcohol Drug Substance Minor in Possession Classes
Georgia DUI Risk Reduction Alcohol Drug Substance Minor in Possession Classes
Hawaii DUI Alcohol Drug Substance Minor in Possession Classes
Idaho DUI Impaired Driver Alcohol Drug Substance Minor in Possession Classes
Illinois DUI Alcohol Drug Substance Minor in Possession Classes
Indiana DUI Alcohol Drug Substance Minor in Possession Classes
Iowa DUI Alcohol Drug Substance Minor in Possession Classes
Kansas DUI Alcohol Drug Substance Minor in Possession Classes
Kentucky DUI Alcohol Drug Substance Minor in Possession Classes
Louisiana DUI Intoxicated Driver Repeat Offender Alcohol Drug Substance Minor in Possession Classes
Maine DUI Risk Reduction Alcohol Drug Substance Minor in Possession Classes
Maryland DUI Alcohol Drug Substance Minor in Possession Classes
Massachusetts DUI Driver Alcohol Drug Substance Minor in Possession Classes
Michigan DUI Alcohol Drug Substance Minor in Possession Classes
Minnesota DUI DWI First Offender Alcohol Drug Substance Minor in Possession Classes
Mississippi DUI Alcohol Drug Substance Minor in Possession Classes
Missouri DUI DWI Offender Alcohol Drug Substance Minor in Possession Classes
Montana DUI First Repeat Offender Alcohol Drug Substance Minor in Possession Classes
Nebraska DUI Alcohol Drug Substance Minor in Possession Classes
Nevada DUI Alcohol Drug Substance Minor in Possession Classes
New Hampshire DUI Alcohol Drug Substance Minor in Possession Classes
New Jersey DUI Alcohol Drug Substance Minor in Possession Classes
New Mexico DUI DWI Alcohol Drug Substance Minor in Possession Classes
New York DUI Drinking Driver Alcohol Drug Substance Minor in Possession Classes
North Carolina DUI Alcohol Drug Substance Minor in Possession Classes
North Dakota DUI Alcohol Drug Substance Minor in Possession Classes
Ohio DUI Driver Intervention Alcohol Drug Substance Minor in Possession Classes
Oklahoma DUI Alcohol Drug Substance Minor in Possession Classes
Oregon DUI Alcohol Drug Substance Minor in Possession Classes
Pennsylvania DUI Alcohol Highway Safety Drug Substance Minor in Possession Classes
Rhode Island DUI Alcohol Drug Substance Minor in Possession Classes
South Carolina DUI Alcohol Drug Substance Minor in Possession Classes
South Dakota DUI DWI Alcohol Drug Substance Minor in Possession Classes
Tennessee DUI School Alcohol Drug Substance Minor in Possession Classes
Texas DUI Alcohol Drug Substance Minor in Possession Classes
Utah DUI Alcohol Drug Substance Minor in Possession Classes
Vermont DUI Alcohol Driving Drug Substance Minor in Possession Classes
Virginia DUI Alcohol Drug Substance Minor in Possession Classes
Washington DUI Alcohol Drug Substance Minor in Possession Classes
West Virginia DUI Alcohol Drug Substance Traffic Offender Minor in Possession Classes
Wisconsin DUI Alcohol Drug Substance Minor in Possession Classes
Wyoming DUI Alcohol Drug Substance Minor in Possession Classes