Drug Crimes Attorney in Stockton, CA
In numerous cases over the past ten years, Attorney Lance Jacot has skillfully used technical legal procedures to protect the constitutional rights of criminal suspects in drug investigations. Mr. Jacot has consistently and successfully fought to maintain his clients’ rights under the law, often in the face of “over-zealous” prosecution.
We defend individuals accused of drug related offenses in and around Stockton, CA, including:
- Drug Possession
- Drug Sales
- Manufacture of Drugs
- Possession of Paraphernalia
- Possession for Sale of Drugs
- Transportation of Drugs
- Being Under the Influence of Drugs
There are a number of drug programs that are available if you meet certain criteria.
DEJ- Deferred Entry of Judgement
For violations of certain specified drug crimes, a defendant may be eligible to participate in a deferred entry of judgment program. Deferred entry of judgment (DEJ) is the suspension of criminal proceedings for a proscribed period of time with certain conditions and a defendant’s guilty plea. If a defendant is found to be eligible for DEJ, he or she must plead guilty to the crime charged and waive time for the entry of judgment. Entry of judgment on the defendant’s plea is then deferred pending successful completion of a drug program. Should the defendant successfully complete the program, criminal proceedings against the defendant are dismissed, and the defendant may legally answer that he or she has never been arrested for, nor charged with, the offense. Should the defendant not successfully complete the program, however, the court will enter judgment and schedule a sentencing hearing.
Proposition 36 was passed by the electorate on November 7, 2000, and became effective July 1, 2001. It mandates program and drug treatment for defendants convicted of a “nonviolent drug possession offense.” It prohibits incarceration as an initial term of probation, but does permit incarceration for a subsequent violation of probation. The proposition also establishes procedures for violations of probation or parole that involve nonviolent drug offenses. If the defendant successfully completes the drug treatment program, the defendant may petition the sentencing court to dismiss all charges against him or her. If the court finds that the defendant has successfully completed the program and has substantially complied with the conditions of probation, the court must set aside and dismiss the indictment or information against the defendant. The arrest will be deemed never to have occurred. Notwithstanding the dismissal, the defendant remains subject to restriction on possession of concealable firearm, and must disclose the arrest and conviction in response to any law enforcement inquiry. The defendant must also disclose the arrest and conviction in any application for public office, peace officer employment, licensing by any state or local agency, contracting with the state lottery, or purposes of serving on a jury.