What is the name of your state (only U.S. law)? LA County, California
QUESTION: I heard a rumor that some LA County Superior Court Judges have been known to accept/grant a defense motion to dismiss a deferred entry of judgment case contingent upon the successful completion of the the drug education requirement and all fees/fines have been paid in full. Can this be done? Although the legislation is pretty clear as to the deferred entry of judgment be for a period of 18 months is there some kind of mechnisisms that one use to shorten the time period and dismiss the case prematurely (considering all other requirements had been satisfied of course.)
CASE BACKGROUND
I have just recently completed my my PC1000 drug education program and submitted a "Certificate of Completion" at my last court update/progress report hearing (8/1/11). The court accepted my certificate and I was told if I don't get arrested from now until Jan 30 2012 my case wold be dismissed "deemed never to have occurred."
EMPLOYER BACKGROUND INVESTIGATIONS
My concern is with my employment options. I was a substitute teacher (at the time of my arrest) and working for two school different school districts. When HR received my subsequent arrest notification I was immediately taken off the sub list and basically haven't been working since my arrest. My emergency substitute teaching credential expires next month (Sept. 2011) and when I renew my credential online through the CA Commission on Teacher Credentialing they'll run my background again and I'm not too sure what they will see or what will show up! If they (or any potential employer for that matter) see the that I plead guilty to a drug possession charge (CASE STATUS: ON DIVERSION) they may revoke my credential or I may not be hired at all. BUT, I am not sure what will show up.
So going back to my original question, is a way one could petition the court to dismiss a DEJ case sooner so that one can get back to work and on with their life?
I look forward to hearing your comments, feedback, and/or questions soon. THANKS.
CASE INFORMATION
------------------------------
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF LOS ANGELES
Incident/ARREST Date: 12/2010
Pre-Preliminary Hearing: 2/28/2011
Date of Enrollment: 03/01/11
Date of Completion: 07/28/11
Drug Program Cost: $570 (PAID IN FULL)
COURT FINE: $300
*Count 01: 11377(a) H&S FEL
-DMV ABSTRACT NOT REQUIRED
-NEXT SCHEDULED EVENT:
2/28/12 9AM FINE PAYMENT (S) EAST DIST DEPT CLERK
-CUSTODY STATUS:
ON DIVERSION-------
QUESTION: I heard a rumor that some LA County Superior Court Judges have been known to accept/grant a defense motion to dismiss a deferred entry of judgment case contingent upon the successful completion of the the drug education requirement and all fees/fines have been paid in full. Can this be done? Although the legislation is pretty clear as to the deferred entry of judgment be for a period of 18 months is there some kind of mechnisisms that one use to shorten the time period and dismiss the case prematurely (considering all other requirements had been satisfied of course.)
CASE BACKGROUND
I have just recently completed my my PC1000 drug education program and submitted a "Certificate of Completion" at my last court update/progress report hearing (8/1/11). The court accepted my certificate and I was told if I don't get arrested from now until Jan 30 2012 my case wold be dismissed "deemed never to have occurred."
EMPLOYER BACKGROUND INVESTIGATIONS
My concern is with my employment options. I was a substitute teacher (at the time of my arrest) and working for two school different school districts. When HR received my subsequent arrest notification I was immediately taken off the sub list and basically haven't been working since my arrest. My emergency substitute teaching credential expires next month (Sept. 2011) and when I renew my credential online through the CA Commission on Teacher Credentialing they'll run my background again and I'm not too sure what they will see or what will show up! If they (or any potential employer for that matter) see
So going back to my original question, is a way one could petition the court to dismiss a DEJ case sooner so that one can get back to work and on with their life?
I look forward to hearing your comments, feedback, and/or questions soon. THANKS.
CASE INFORMATION
------------------------------
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF LOS ANGELES
Incident/ARREST Date: 12/2010
Pre-Preliminary Hearing: 2/28/2011
Date of Enrollment: 03/01/11
Date of Completion: 07/28/11
Drug Program Cost: $570 (PAID IN FULL)
COURT FINE: $300
*Count 01: 11377(a) H&S FEL
-DMV ABSTRACT NOT REQUIRED
-NEXT SCHEDULED EVENT:
2/28/12 9AM FINE PAYMENT (S) EAST DIST DEPT CLERK
-CUSTODY STATUS:
ON DIVERSION-------