How To Understand California Misdemeanor Drug Case Procedures
Video Transcript
In California, most first-time misdemeanor drug possession cases qualify for pretrial diversion under Penal Code 1000, often leading to dismissal after treatment. In San Jose and across Santa Clara County, eligible defendants are diverted into education, counseling, or drug court instead of jail. This article explains the step-by-step process from arrest and arraignment through diversion, completion, dismissal, and record relief.
Ray Hrdlicka – Host – Attorneys.Media
“So, you don’t see, obviously anymore, the misdemeanors or small sales or small…yeah, okay.”
Stuart Kirchick– Criminal Defense Attorney – San Jose, CA
“Yeah, it’s…they’re all getting diverted, especially first-time users. You’ll get diverted out of the system. You do a little bit of drug treatment. The first arrest gets to diversion. The diversion law has been around for a while. There’s also drug treatment court where someone has multiple priors in drug us, and they get diverted into…diverted in the different use of the word…into a different court that is especially there with a team and a judge, that’s really less punitive and more about rehabilitation. Trying to help the person get through the habit that they have.”