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   1. PROBATION | §1.05 Completion of Treatment




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Dismissal of Charges

At any time after completing the required drug treatment under Proposition 36, a defendant may petition the sentencing court for dismissal of the charges. If you find that the defendant

  • successfully completed drug treatment, and
  • substantially complied with the conditions of probation,

you must set aside the conviction on which the probation was based and dismiss the indictment, complaint, or information against the defendant. In addition, except as discussed below regarding disclosure and firearms, both the arrest and the conviction are deemed never to have occurred and the defendant is thereafter released from all penalties and disabilities resulting from the offense of which he or she was convicted. [PC §1210.1(d)(1).]

The term “successful completion of treatment” means that a defendant who has had drug treatment imposed as a condition of probation [PC §1210(c)]:

  • Has completed the prescribed course of drug treatment and, as a result,
  • There is reasonable cause to believe that the defendant will not abuse controlled substances in the future.

Under this standard, successful completion of treatment alone is not sufficient; you must also find that there is there is reasonable cause to believe that the defendant will not abuse controlled substances in the future. The burden of proof is on the defendant. [People v Hinkel (2005) 125 CA4th 845, 851–853.]


 
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