California Drug Court Lawyer
If you're facing charges that may lead to Drug Court in California, it's critical to speak with a criminal defense lawyer immediately. Drug-related offenses are serious, and without quick legal help, you could end up with a conviction, jail time, or lose your chance to get into a treatment-based program. The sooner you act, the better your chances of protecting your rights and building a defense that works. In the following sections, P. Jeff Voll Inc. explains what you need to know about Drug Court, including key terms, possible penalties, legal defenses, court procedures, and how a lawyer helps guide and defend you every step of the way.
Pasadena Drug Court Attorney
A Drug Court program can keep you out of jail and help clean up your record, but only if it's handled correctly from the start. At P. Jeff Voll Inc., we don't waste time. We fight hard, act fast, and make sure your case gets the full attention it needs. We understand what's at stake, and we're ready to help you take control of your future. Whether you're confused about eligibility, worried about your record, or need someone to defend you in court, we're here. Don't risk your freedom or your future. Contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation with a Drug Court attorney.
What Is a Drug Court in California?
A Second Chance Instead of Jail— If you've been arrested for a drug-related offense in California, drug court might offer you a way to avoid jail by entering a treatment-focused program instead of the usual criminal court system. Drug court is a specialized court that works with people who've committed nonviolent offenses related to drug use. Instead of punishing you, the goal is to help you stop using drugs and get your life back on track through treatment, counseling, supervision, and regular check-ins with a judge.
Collaborative Justice with a Support Team— California's drug courts use what's called a “collaborative model.” This means you'll have a whole team working with you—not just a judge. Your probation officer, lawyer, district attorney, and drug treatment provider will coordinate efforts to support your recovery. Everyone involved wants to see you succeed and avoid future arrests.
Available for Adults, Teens, and Parents— Drug court isn't only for adults. California also offers juvenile drug courts for teens and dependency drug courts for parents involved in child welfare cases. Each version of the program adapts to the participant's needs but follows the same guiding principle: treat the root cause—substance abuse—so you don't keep getting pulled into the criminal system.
How Court Models Differ— In most adult courts in California, you'll go through what's known as a post-adjudication model. That means you plead guilty first, but if you finish the program, your charges can be reduced or dismissed. Some courts use pre-plea or diversion models under Penal Code § 1000 or § 1000.5, where you can participate without admitting guilt up front. For juveniles and parents, the courts often add extra services like family therapy. The underlying belief is that substance abuse is better treated in a supportive, structured setting than behind bars.
Who Qualifies for Drug Court?
Not All Drug Charges Are Equal— To qualify for drug court in California, your charge must usually be a nonviolent drug offense. This could include simple possession (Health & Safety Code §§ 11350, 11357), possession of drug paraphernalia (§ 11364), or being under the influence (§ 11550). These are the types of charges that courts believe are directly linked to substance use and are eligible for diversion under Penal Code § 1000 or § 1210.1 (also known as Prop 36).
Your Criminal History Is Considered— Even if your charge is eligible, the court still has to look at your background. If you've been convicted of a serious or violent felony in the past five years (like robbery, assault, or sexual offenses), or if your current charge involves a weapon or violence, you likely won't qualify. Courts also look at whether you've failed out of treatment before. Under Penal Code § 1210.1, if you've been through drug treatment two or more times and didn't succeed, the court may decide you're no longer a good fit.
Local Rules May Vary— Not every county runs its drug court the same way. Some offer pre-plea programs (Penal Code § 1000.5), where you can join the program before ever pleading guilty. Others require you to plead guilty first (post-plea). Your lawyer will help figure out which kind of program your county offers and whether you meet the eligibility rules.
Types of Drug Court Models in California
Pre-Plea Drug Court— In this model, you enter treatment before admitting guilt. Your charges are put on hold while you participate. If you finish the program, your charges get dismissed and you walk away without a conviction on your record. This is especially helpful for keeping your background clean for jobs and housing.
Post-Plea Drug Court— You plead guilty, but your sentence is paused. The court holds off on punishment while you go through treatment. If you succeed, your charges may be dismissed or reduced. If you don't, the court proceeds to sentence you based on your guilty plea.
Post-Adjudication Drug Court— In this model, you've already been found guilty, but you haven't started your sentence. The court offers you treatment as a last chance to avoid incarceration. If you fail the program, your original sentence will be enforced.
Civil Drug Court— These courts are usually used in family law cases, such as when a parent is trying to regain or keep custody of their children. If the parent has a substance use problem, the court can require participation in drug court as a condition of custody, under Family Code and Health & Safety Code provisions.
Why the Model Matters— Each model comes with different risks and benefits. Some let you avoid a conviction entirely. Others require you to admit guilt first. That's why working with a California drug court attorney is key—they can help you pick the option that protects your future the best.
Juvenile and Dependency Drug Courts
For Teens Facing Drug Charges— If your child is arrested for a drug-related offense, they might be placed in a juvenile drug court. These courts take a much more hands-on and supportive approach than the regular juvenile system. They focus on recovery and education, not punishment. You and your child may have to attend counseling, drug testing, and regular court reviews. These courts often work closely with schools, probation, and local youth services to give your child the best chance at recovery.
Why Family Involvement Matters— Juvenile drug courts usually include family therapy. The reasoning is simple: when kids go home, their environment plays a huge role in whether they stay clean. So these programs treat the whole family—not just the individual.
Dependency Drug Court for Parents— If you're involved in a custody or dependency case and struggling with substance use, the court may require you to participate in a dependency drug court. This isn't a criminal proceeding but is still legally serious. The court may make treatment a condition for keeping or regaining custody of your kids. This process follows guidelines laid out in the California Family Code and Health and Safety Code, and it mirrors the structure of criminal drug courts—treatment, monitoring, and accountability.
What to Expect in a California Drug Court Program
Length and Structure of the Program— Most drug court programs in California last between 6 and 24 months. The length depends on the model you're in and how well you follow the rules. During this time, your criminal case is paused or diverted while you complete your treatment.
Mandatory Program Components— Under Penal Code §§ 1000, 1000.5, and 1210.1, participants must comply with strict conditions. These include:
- Frequent and random drug testing
- Weekly or biweekly court appearances
- Enrollment in a certified treatment facility
- Individual and group counseling
- Regular meetings with a probation officer
- Proof of employment, education, or training
- Additional services like parenting classes or job readiness programs
Support Services in Some Counties— In places like Los Angeles County, drug court participants may also have access to wraparound services such as acupuncture, job placement help, vocational training, and educational support—all coordinated through your treatment provider and probation officer.
Accountability Through Rewards and Sanctions— Courts use a reward/sanction system under Penal Code § 1000.5. If you hit milestones—like staying clean or finishing a treatment phase—you might get reduced court appearances or praise from the judge. But if you violate program rules, you could face stricter supervision, extra counseling, or even brief jail time.
Why It's Important to Follow Through— Completing drug court successfully can lead to a better outcome for your case. But if you break the rules, the court can resume criminal prosecution or move ahead with sentencing.
Benefits of Completing Drug Court
Avoiding a Conviction— If you finish the program successfully, your charges may be dismissed or reduced, depending on the court model. For example, under Penal Code § 1000 (Deferred Entry of Judgment), your case may be dismissed, and under § 1000.4, the arrest is treated as if it never happened.
Sealing Your Record— Under Penal Code § 1210.1 (Prop 36), if you complete the program, the court may set aside your conviction. Even if you pled guilty, that plea can often be withdrawn or wiped from your record.
Staying Eligible for Jobs and Benefits— Completing the program helps you pass background checks, keep professional licenses, and stay eligible for student loans. For most jobs and housing applications, you can legally say you were not convicted.
Building a Better Future— These legal protections are meant to help you rebuild your life. The system recognizes that substance use disorder is a health issue—and recovery should come with a clean slate, not a permanent label.
Risks and Legal Consequences of Noncompliance
Consequences for Breaking the Rules— If you miss appointments, fail a drug test, or skip court, the court takes it seriously. Under Penal Code § 1210.1, a hearing must be held to determine if you violated probation. Even if your original offense didn't carry jail time, you could face jail as a sanction.
Getting Removed from the Program— If you're consistently noncompliant, the court can terminate you from the program. Depending on your court model, this could mean going to jail, having your guilty plea activated, or facing prosecution on reinstated charges.
Legal Authority to Refile Charges— Under Penal Code § 1000.5, the court can reinstate charges if you're not participating fully, commit new crimes, or show you're not benefitting from treatment. The second chance drug court offers isn't automatic—you have to earn it by staying committed.
Broadening Eligibility Through Charge Reduction
When Serious Charges Get Reclassified— If you're facing charges like possession for sale (Health & Safety Code § 11351) or transportation of drugs (§ 11352), you might still be able to enter drug court—if your criminal defense attorney can negotiate a reduction to simple possession (like § 11350 or § 11550).
Legal Strategy Makes a Difference— An experienced criminal defense lawyer may convince the prosecutor to amend your charges so you qualify for diversion under Penal Code § 1000 or Prop 36. This opens the door to treatment instead of jail.
Other Diversion Programs in California
Proposition 36 — This law gives nonviolent drug offenders probation and treatment instead of jail. Successful completion can result in dismissal of the conviction.
Deferred Entry of Judgment— This option lets you enter treatment without pleading guilty. If you finish the program—usually in 18 to 36 months—your charges are dismissed, and your arrest is considered not to have occurred for most purposes (Penal Code § 1000.4).
Choosing the Right Path— Drug court isn't the only route. A good lawyer can evaluate whether you're a better fit for another program. All of these options aim to help you recover while avoiding the harsh consequences of a criminal conviction.
Pasadena Drug Court Attorney
At P. Jeff Voll Inc., we'll figure out right away whether you qualify for a drug court program. We'll push for a track that keeps you out of jail and avoids a conviction, when possible. We'll negotiate with the prosecutor and judge to get you into the most favorable program, and we'll tailor our strategy to protect your job, your family life, and your health needs.
Once you're in the program, we don't step away. If you miss a drug test, fall behind in treatment, or the court threatens to kick you out, we'll show up, argue for alternatives, and make sure your rights are front and center. We'll remind the court that the law—especially Prop 36—requires them to consider your whole situation, not just one mistake. From start to finish, we'll walk with you, defend you, and fight for your future. Contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation with a Drug Court attorney.
Resources
What Is a Drug Court? (Judicial Branch of California)
This page explains how adult drug courts work in California. You'll learn what drug courts are, who they are for, what the goals are, and how the programs are structured. It also touches on how different models operate and includes links to additional resources if you want to explore further.
Juvenile Drug Courts Overview (Judicial Branch of California)
This page explains how juvenile drug courts operate in California. You'll find information about how these courts work for minors, how families are involved, and what kinds of services and court conditions are usually included in the program.
Common Types of Drug Courts (California Department of Health Care Services)
This page lists the different types of drug courts in California, including adult, juvenile, dependency, and civil models. You'll also find a summary of program goals, how participants are selected, and what happens if you complete or fail a program.
Los Angeles County Adult Drug Court Program (County of Los Angeles Probation)
This page gives a short overview of how the adult drug court program works in Los Angeles County. You'll see the eligibility process, types of services included, and how cases are monitored by the court and treatment staff.
Los Angeles County Juvenile Drug Court Program (County of Los Angeles Probation)
This page explains the juvenile drug court program in Los Angeles County. It describes how the program is set up for minors, how it involves family and school support, and how it's supervised by the judge and probation team.
California Penal Code 1000.5 – Pre Plea Guilty Plea Drug Court Program
This law allows courts to set up pre guilty plea drug court programs. You can read about how these programs are structured, what the rules are for staying in them, and what happens if you complete or fail to complete the program.
California Penal Code 1210.1 – Proposition 36
This law explains the rules under Proposition 36, which gives certain nonviolent drug offenders the right to receive treatment instead of jail time. It also outlines who qualifies, how probation works, and what happens if you break the rules.
California Penal Code 1000 – Deferred Entry of Judgment
This law allows certain first-time drug offenders to enter a treatment program before entering a plea. You can learn who qualifies, what charges are covered, and how the program can lead to your charges being dismissed if you finish successfully.
