Thursday, July 26, 2012

Minor in Possession California

Study shows teen drinking highest in Laguna and Santa Ana

Excerpt from The Orange County Register article by Courtney Perkes presents a study about the high percentages of teens that experiment with alcohol compared to their peers in other counties and cities in California.


Orange County is an overall healthy place to live, but a new report examining everything from teen drinking rates to park space shows that some cities are faring significantly worse.

For instance, Orange County teens experiment less with alcohol than their peers statewide. But students living in Laguna Beach and Santa Ana exceed the state average by 7 percentage points.

TEEN DRINKING

In most segments, the less affluent and less educated parts of the county fared the worst for health indicators, such as adults with health insurance and access to healthy food. An exception is smoking and drinking rates among teens.

Teen drinkers, the report says, are at greater risk of alcoholism as adults, as well as academic struggles, risky sexual behavior and drug use.

Locally, 41 percent of ninth-graders reported having tried alcohol. Irvine Unified was the lowest at 25 percent.

The state average is 47 percent. Three school districts exceeded that rate: Laguna Beach Unified and Santa Ana Unified, both at 54 percent, and Newport-Mesa at 50 percent.

Pamela Estes, executive director of the Laguna Beach Boys & Girls Club, is part of a coalition working to reduce the problem.

"It's the age and it crosses every socioeconomic strata," Estes said. "You've got teens who have a lot of time and resources on their hands here. They pretty much are left to their own devices."

Estes said the coalition is working on ways to educate parents about the problem. She said her club invites guest speakers to share with teens their struggles with addiction.

Laguna Beach also has the highest concentration of businesses selling alcohol in the county, according to the report. Laguna Woods has the lowest.

"Everyone thinks stop them from selling to kids," Estes said. "That's not where they get it. It's from the home."

(Source:  http://www.ocregister.com/articles/county-365327-percent-laguna.html)

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Friday, July 6, 2012

What is a California Deferred Entry of Judgment Program?

What is Deferred Entry of Judgment for Drug Charges?

  • The Deferred Entry of Judgment Program is a "Diversion" program for first offense drug defendants.  Diversion is the procedure of suspending the criminal prosecution of an individual, by allowing the offender to complete a drug education, drug treatment, or drug rehabilitation program instead of further criminal proceedings. 
  • Diversion has become a very popular method of alleviating congested court calendars, while at the same time allowing first-offenders to avoid the blemish of a drug conviction on their record. The DEJ program allows offenders to avoid a criminal record by completing drug education or a drug counseling program.
  • If a first offense drug defendant has an otherwise clean criminal record, judges generally will find a defendant eligible for the deferred entry of judgement program without requiring a formal eligibility evaluation. 

Court Procedures for Deferred Entry of Judgment Program

  • Under California Penal Code 1000 (PC 1000) the defendant must agree to have his or her case referred to the probation department to determine if they are eligible for the diversion program. If the probation department agrees that the offender is eligible, the judge will set a hearing after the referral to the probation department.  
  • At the DEJ hearing the judge will determine eligibility for the diversion program. If found eligible by the judge, program requirements will be described to the defendant, including the  program length and the consequences of not enrolling or completing the program. 
  • In court, the defendant is advised that he or she must plead guilty to the charges, and pay a restitution fee of not less than $100 and not more that $1000. 
  • The defendant is advised that they are responsible for treatment, education or rehabilitation costs, and also for reasonable probation fees and costs. 
  • The defendant is advised that if he or she successfully completes the program, the criminal charges will be dismissed and the arrest for the charge(s) deemed to have never occurred. 
  • However, if the defendant fails to enroll in the diversion program or fails to comply with or complete the program requirements, diversion will be terminated and criminal proceedings against the defendant will proceed.   

Information for Out of State Defendants

  • If a person receives a first drug offense in California, but lives out of state, he or she may be eligible to complete the Deferred Entry of Judgement Program online. 
  • The Online Deferred Entry of Judgment Program can be taken to meet court requirements for out of state defendants.
  • Court approval is required, which can be obtained through a California licensed attorney. 
  • All California Out of State Resident classes at Tom Wilson Counseling Center: http://www.tomwilsoncounseling.com/california.html