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Special Considerations in Drug Cases
by Darren Kavinoky

Special Considerations in Drug Cases

Diversion from criminal drug charges entails navigating the intricacies of Prop. 36 or deferred entry of judgment (DEJ), both of which divert from criminal prosecution only people charged with simple possession or being under the influence. Both programs require the defendant to attend and complete a certified or approved drug rehabilitation program. When the treatment is complete, the defendant's conviction is erased from the record. The goal of both programs is rehabilitation rather than punishment, but there the similarities end.

DEJ Diversion

The Deferred Entry of Judgment (DEJ) Program is aimed towards those individuals accused of use/possession of illegal substances who have waived his/her rights to a speedy trial and entered a plea of guilty. The judgment is put on hold upon successful completion of the DEJ requirements. The DEJ program is designed to assist individuals recognize their chemical and/or other drug dependency and assist them in their recovery. If they successfully complete all required programs, they can have their case dismissed in a process which is known as


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Posted on: June 9,2006


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