Gavel and Handcuffs

What is Pretrial Misdemeanor Diversion in California?

California Penal Code Sections 1001.95 - 1001.97 outlines a Pretrial Diversion program that allows certain defendants the opportunity to avoid the traditional criminal prosecution under specific conditions. The new sections broaden the scope of diversion available in California and focuses on giving defendants a chance to address underlying issues that may have contributed to their criminal behavior, potentially leading to the dismissal of charges upon successful completion of the program.

How Does Pretrial Diversion Work?

  • Eligibility Assessment: The first step involves determining the accused's eligibility for diversion based on the nature of the offense and their criminal history.
  • Exclusions: Offenses involving sex crimes, domestic violence, or those crimes requiring sex registration are ineligible for diversion.
  • Judicial Discretion: Eligible defendants may request a Pretrial Diversion through their attorney. The granting of Pretrial Diversion rests with the judge’s discretion, even against the prosecutor’s objection. The judge will consider factors such as the nature of the crime, the defendant’s criminal history and the potential for rehabilitation.
  • Program Requirements: Eligible defendants must adhere to specific conditions set by the court. These conditions include restitution to the victim, undergoing treatment programs, counseling, community service, and regular court appearances to monitor progress Compliance with these conditions is closely monitored
  • Duration: The diversion period can range from six months to two years, depending on the individual case and the Court’s requirements.
  • Dismissal of Charges: Successful completion of the program leads to the dismissal of charges, which means participants can avoid having a criminal conviction. This outcome is crucial for preserving employment prospects and maintaining social reputation However, failure to comply with the program requirements can result in reinstatement of the original charges and resumption of the criminal proceedings.

Los Angeles Pretrial Diversion Attorneys

Our LA Pretrial Diversion Attorneys will work to get you into a diversion program that can help you avoid a conviction on your record as well as jail time. We have decades of criminal defense experience and have helped many of our clients participate and successfully complete the diversion program.

Call us at 213-481-6811 to set up a no-cost consultation and learn how we can help you.

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