Monthly Archives: July 2014

Online Class Meets California Penal Code 1000 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.

Avoid Costly Mistakes when Enrolling in an Online Class

How You Can Avoid Costly Mistakes When Enrolling in a Cognitive Self Change Class
Thomas Wilson, Director Tom Wilson Counseling Center 

Thinking Errors ClassesIf you have been charged with an offense and have been to court, then enrolling in a Cognitive Self Change Class (sometimes called Thinking Errors Class) may be part of your obligations to the court. This is usually required by the court before the court releases you from supervision.

However, a simple mistake such as choosing the wrong class or choosing the wrong CSC program provider could get you into even more trouble with the court.  If you want to resolve your case quickly, avoid these common mistakes.

Mistake # 1: Enrolling in a class from a provider that does not have the proper credentials or is not accredited. 

Cognitive Self Change Classes are taught by professionals who are certified or licensed in Cognitive Self Change. If you are unsure, ask for a copy of their license or check their credentials at the court.

Mistake #2: Enrolling in the wrong class.  Be sure to enroll in the right class that is required by the court and that fits with your work schedule.

Normally these classes are called thinking errors or cognitive-self-change classes and are 8 to 32 hours in length.  Be sure to check the required number of hours to avoid paying more than is required by your court order. Some providers may not give you a specific number of hours or weeks, so be wary of programs that won’t give an estimated length of treatment. Licensed course providers should be happy to help you find the right class and works around your work schedule.

Mistake #3: Enrolling in an online class without getting approval from your court or agency.

An approved course provider will not encourage you to sign up unless you have gotten permission from the court or agency that requires the class.  Be sure you have permission from the court, agency or your attorney to take the class.  Be sure to tell them about your work schedule to avoid problems with the program’s attendance policy. It’s always a good idea to check in advance.

Mistake #4: Enrolling in the cheapest class. 

Just because the class is the cheapest, does not necessarily mean it will cost the least in the long run. Some providers charge extra for certificates or other paper work required by the court. Inquire about all the costs involved in getting proof of enrollment, progress reports to court or probation, additional “enrollment fees” and certificates of completion. Approved providers should disclose all costs in advance.

Enroll in Tom Wilson Counseling and TeleHealth Center Online Class below:

We also provide DUI classes, Alcohol classes, Substance Abuse classes, Anger Management classes, Drug Diversion classes, and Parent Education classes. Visit http://www.tomwilsoncounseling.com for more information.

New Lower Price for Anger Management Online Class

ANGER MANAGEMENT CLASSES:

8 Hour Online Anger Management Class: $150.00

12 Hour Online Anger Management Class: $225.00

16 Hour Online Anger Management Class: $300.00

32 Hour Online Anger Management Class: $600.00 $480.00 (New Lower Price!)

Avoid Simple Mistakes when Selecting the Right Online Anger Management Class © Thomas Wilson

Licensed Clinical Professional Counselor; Internationally Board Certified Substance Abuse Prevention Specialist

If you are required to complete an anger management class, then taking an anger management class online is a great alternative for meeting your court requirements. The court often requires you to complete anger management classes before releasing you from supervision.

However, a simple mistake such as choosing the wrong class or choosing the wrong online program provider could get you into even more trouble with the court.  If you want to resolve your case quickly, avoid these common mistakes.
Mistake # 1: Enrolling in a class from a provider that does not have the proper credentials or is not accredited or approved to provide anger management counseling. 
Anger management classes are taught by professionals who are licensed in counseling and have several years of experience.  If you are unsure, ask for a copy of their license or credentials to provide to the court.   
Mistake #2: Enrolling in the wrong class.  Be sure to enroll in the right class that is required by the court. 
Normally these classes are called anger managment classes.  Remember that anger management classes are not the same as domestic violence classes, which can be 26 to 52 weeks in length.  If you are unsure or don’t know the exact name of the class, you should call the office of the program provider and ask for assistance. Licensed and credentialed course providers are happy to help you find the right class. 
Mistake #3: Enrolling in an online class without getting approval from your court or agency. 
A credentialed course provider will not encourage you to sign up unless you have gotten permission from the court or agency that requires the class.  Be sure you have permission from the court, agency or your attorney take the online class.  It’s always a good idea to call and get an OK. 
Mistake #4: Enrolling in the cheapest class. 
Just because the class is the cheapest, does not necessarily mean it will meet court requirements, or provide technical support. Some providers charge extra for certificates or other paper work required by the court. Inquire about all the cost involved in getting proof of enrollment, completion of certificates and mailing costs. Some providers make their money by charging inflated fees for services that are normally included at no cost by licensed or credentialed programs. 

Drive Sober or Get Pulled Over

Summers are hot – for DUI’s.  Many cities set up DUI Checkpoints at various locations and randomly pull over people to check for alcohol or drug consumption.

Plan ahead and have a designated driver, a cab service or a friend or family member that will agree to pick you up if you plan on celebrating the summer with alcohol or drugs.  Don’t take a chance by drinking or using while driving or you could end up making life much more complicated for yourself.

Did you know that a DUI offense can cost thousands of dollars, many hours of your time and will probably affect your work and personal life more than you think?  Not to mention the embarrassment!

www.onlineduiclass.com – We would LOVE to have your business but would rather have you be safe and not put others at risk.  DON’T DRINK AND DRIVE.

Use our online BAC Calculator to estimate your Blood Alcohol Content at http://www.tomwilsoncounseling.com/bac-calculation.html.  If you are still unsure – don’t risk it!  

This notice has been sponsored by Tom Wilson Counseling Center.  The first and best solution for online dui, alcohol, drug, relapse, theft, anger, self-change, parenting and traffic safety classes.

Benefits of Tom Wilson Counseling Center Online Classes:

  • Money Back Guarantee. If you have court approval for online classes we guarantee our classes will be accepted. Check the state where you received your DUI for requirements.
  • Confidential. Your personal information and class participation is NEVER shared with anyone unless you specifically request it.
  • Secure. Our shopping cart and classroom are both secured by an SSL Certificate so your personal information is safe with us.
  • Simple and Convenient. Complete your class with an internet connection at any time in the privacy of your home, office, or library.
  • Mobile Access. Registration and class can be completed using your mobile phone or tablet.
  • LIVE Telephone Support. Monday – Friday, 9am-5pm, Mountain Standard Time 1.877.368.9909
  • Email Information for general questions about what class to take and certification.
  • Email Support for technical issues during registration or class participation.

Minor in Possession Class Online for Court Requirements

Did you get a DUI, MIP, MIC, Alcohol or Drug arrest in one state but live in another state? 
 

Our online classes have been accepted by most states, courts, judges, attorneys, probation, parole, employers, colleges and universities to meet court, agency, employment and student requirements for a DUI, Alcohol Drug Awareness, Minor in Possession, or Drug charges, as well as meeting requirements for education for employment or college and university enrollment. Please check state or court requirements before enrolling.

Complete DUI, Alcohol Awareness, Minor in Possession, Minor in Consumption, Drug Diversion Programs Online for court with Certified Substance Abuse Prevention Specialist. Includes FREE 60 minute Victim Impact Panel for Court Requirements. 
Tom Wilson Counseling Center has been providing approved classes online since 2004 for DUI, Alcohol, Drug, Anger Management, Conflict Management, Petty Theft Shoplifting, Traffic Safety, Parent Education, Thinking Errors, Cognitive Self Change, and DUI, Alcohol, Drug Evaluations. Instructor credentials can be viewed here: www.tomwilsoncounseling.com

 

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Contact us at support@twccsolutions.com or call Toll Free 1.877.368.9909 during office hours; Monday-Friday, 9am-5pm MDT/MST with questions. If you call before or after our regular office hours, please leave a message and we will return your call as soon as possible.

www.OnlineDUIClass.com

California 1650 Waiver Packet

1650 Waiver Packet for California DMV

You are eligible for the 1650 waiver packet after your suspension is up. Usually you request a packet about one month before your suspension has expired. After you receive a 1650 waiver packet, you are not required to complete classes for the DMV.  You get one in a lifetime. This will terminate the action against the driver’s license. This waives privileges to have a license or drive in California for three years. If you want a license within 3 years you have to complete classes in California.

DMV Mandatory Actions Unit
Phone: 916-657-6525
PO Box 942890
Sacramento, CA 94290

26 Hour Online Deferred Entry of Judgment Drug Diversion Class: $450.00

DUI in California and live OUT of STATE? Tom Wilson Counseling and TeleHealth Center offers approved programs for out-of-state residents who received a DUI in California.

12 Hour Online DUI Wet-Reckless SB 1176 Program : $225.00
32 Hour / 3 Month First Offender or AB 541 Program : $480.00
45 Hour / 6 Month First Offender or AB 762 Program : $675.00
60 Hour / 9 Month First Offender – AB 1353 Program : $90.00
78 Hour / 18 Month Second Offender – SB 38 Program : $1170.00