Pretrial Diversion

Los Angeles Pretrial Diversion Attorneys

Helping You Avoid Jail Time 

Facing jail time and a criminal record can negatively impact your life. California offers Pretrial Diversion Programs that might allow you to avoid both by completing some community service, treatment and/or educational courses among other requirements. If you are considering having your case dismissed through pretrial diversion, the knowledgeable lawyers at Stephen G. Rodriguez & Partners can help you determine your eligibility and navigate the process.

Call 213-481-6811 now to request an initial consultation with our legal team.

What to Know About Pretrial Diversion Programs

Here is an overview of important details about California’s Pretrial Diversion Programs:

  • California offers three Pretrial Diversion Programs: drug, mental health, and military/veteran, each with their own set of requirements (read below);
  • You can participate in a  Pretrial Diversion Program without pleading guilty;
  • Pretrial Diversion Programs can provide access to vital help and resources;
  • Failing to meet the requirements or being charged with another criminal offense may result in the resumption of your original criminal case.
  • Successfully completing a Pretrial Diversion Program will allow the judge to dismiss the pending charges against you, keeping your criminal record clear and avoiding jail time.

California Penal Code Section 1000 Drug Diversion Program

If you are arrested for a nonviolent drug crime classified as a misdemeanor (not a felony) you may be eligible for the California Penal Code Section 1000 pretrial drug diversion program. This specific diversion program focuses on getting you the drug addiction treatment you need to stop using addictive narcotics, especially if those narcotics were involved in the criminal charge against you. This program aims to provide drug addiction treatment, often including outpatient addiction treatment and educational courses on substance abuse.

You may be eligible for drug diversion in California if:

  • You have not been convicted of a drug-related crime within the last five years;
  • The charges you currently face do not involve violence or threats of violence;
  • The prosecution does not have evidence suggesting you committed another, more serious crime.

Public intoxication, possession of drug paraphernalia for personal use, unlawful possession of marijuana, and possession of a controlled substance are common drug crimes eligible for diversion. Other drug crimes may also qualify, so consult our attorneys to see if you're eligible.

California  Penal Code Section 1001.36 - Mental Health Diversion Program

People who have a mental health disorder may be eligible for the Mental Health Diversion program to avoid jail time and a criminal record. This diversion program focuses on getting you serious treatment, including medical visits, therapy and counseling to help with the worst symptoms and consequences of your mental health disorder. You may be required to complete up to two years of treatments and therapies. If you complete the diversion program, your charges can be dismissed, which can be invaluable during certain situations, such as applying for a job or loan.

You may be eligible for Mental Health Diversion in California if:

  • You were diagnosed with a mental health disorder that is recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM); including bipolar disorder, schizophrenia, or post-traumatic stress disorder (PTSD. [Diagnoses for antisocial personality disorder, pedophilia, or borderline personality disorder are disqualifying.];
  • A recognized mental health professional (who evaluates you) attests that your diagnosed mental health disorder significantly contributed to the crime you allegedly committed;
  • A recognized mental health professional, attests that you would respond well to mental health treatments;
  • The court finds no reason to believe that you will pose an elevated risk to the public if you are not detained or incarcerated;
  • You are willing to waive your right to a speedy trial;
  • You agree to undergo the treatment plan approved by the court as part of the proposed mental health diversion program;
  • You agree to pay restitution to the victim.


California Penal Code Section 1001.80 -Military Diversion Program

Military members or veterans charged with misdemeanors may qualify for a military diversion program, especially if their service resulted in traumas like PTSD (Post Traumatic Stress Disorder) or TBI (Traumatic Brain Injury). The program's specifics, determined by a judge, often include treatment and possibly probation and restitution.

What is the Pretrial Diversion Program Process?

The process involves being charged, having your attorney request diversion, and completing the program to have charges dismissed. Failing the program reactivates the original charges, but you may still contest them with our defense attorneys' help.

Explore Your Pretrial Options – Our Attorneys Can Help You

A Pretrial Diversion Program could be just what you need to keep your criminal record clean and get your life back on track. Find out if you qualify for one of California’s three Pretrial Diversion Programs. It’s easy—just dial 213-481-6811 to talk with one of our Los Angeles pretrial diversion attorneys today.

Stephen G. Rodriguez & Partners handles all sorts of criminal cases and pretrial diversion cases. Find out more by filling out a contact form now.

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