Pre-trial diversion is a great opportunity for first time offenders charged with a crime in California to earn a dismissal of their case without having to face the risks of trial.
What is Pre-Trial Diversion?
Pre-Trial diversion is an agreement between a defendant and the prosecutor or the court allowing a defendant to do certain things or meet certain conditions. If, after a certain period of time, those conditions are met and the defendant stays out of trouble, the case is dismissed. A defendant may be required to complete substance abuse treatment, perform community service, make restitution to the victim, or satisfy other conditions. The benefit of most diversion programs in California is that a guaranteed dismissal is in the cards if the defendant follows through on their end of the bargain, without ever having to plead guilty. The biggest obstacles to diversion are a defendant's eligibility based on the crime or whether the prosecutor or the court will allow the defendant to enter diversion. Many criminal diversion programs in California call for a defendant's record to be sealed and allow a defendant to answer that they have never been charged with an offense.
PC 1000 - Drug Diversion
If a defendant is charged with drug possession in California, but NOT distribution or sales, they are likely eligible for PC 1000 drug diversion and eventual dismissal. This includes educational programs, and terms to make sure that a defendant is not using drugs during the diversionary period. A fee may also be required. Successful completion of the terms, which includes no new law violations, will result in a dismissal.
PC 1001.95 - Misdemeanor Diversion
A judge can allow a defendant to enter diversion based on California statute PC 1001.95 for misdemeanor diversion. Although most misdemeanor crimes are eligible for this type of diversion, domestic violence offences, crimes requiring sex offender registration upon conviction are not eligible. Even if the prosecutor objects, a judge can still place a defendant in diversion. Importantly though, a court can also deny a defendant the chance to complete diversion, even if the charged crime is eligible. A defendant therefore must be prepared to convince the court why they should receive diversion. This is why a California criminal defense attorney is key.
PC 1001.21- Diversion for Defendants with Developmental Disabilities (Regional Center)
Under this California provision, a defendant can be eligible for diversion if they are found to have a developmental disability. This can apply to both misdemeanors and felonies, though defendants charged with homicide or sex crimes are not eligible. The court hears from the appropriate Regional Center, and if the defendant is accepted, a treatment plan is formulated, allowing a defendant to have their case dismissed if they comply with the plan. Again, as with other diversions, just because a defendant is eligible, it does not mean that they will necessarily receive diversion. A proper showing must be shown to the court why the particular defendant should be allowed to handle their case in this fashion.
PC 1001.36- Mental Health Diversion
Also known as mental health diversion in California, PC 1001.36 allows a defendant to enter into diversion for a felony or a misdemeanor criminal offense. A court has the power to grant this diversion even if the prosecutor objects. Homicides and sex crimes are not allowed to be diverted. To qualify, the defendant must make the following showing: (1) They suffer from a mental disorder classified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-V is the latest edition) and (2) The mental disorder was a significant factor in committing the offense. This is often shown through the introduction of mental health records and through the statements of medical professionals. Additionally, a court must find that the defendant will not pose an unreasonable risk of danger to the public. If accepted, a defendant must follow the recommended treatment plan and not break the law.
PC 1001.80- Military Diversion
Military diversion applies to misdemeanors if a defendant is or was a member of the Armed Forces. If, as a result of their military service, the defendant suffers from mental illness or post traumatic stress disorder or other conditions, the defendant may be eligible for this diversion program. Interestingly the offense of driving under the influence is not excluded under this type of diversion.
PC 1377- PC 1378 - Civil Compromise
California law allows cases to resolve by way of dismissal pursuant to a "civil compromise." Penal Code section 1377-78 states "When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised." If the victim indicates they have received satisfaction (usually monetarily), the case can be dismissed, under Penal Code section 1378. Certain offenses are ineligible and the prosecution can object and the court need not accept the compromise. However, cases can and do resolve by civil compromise in Orange County and other California jurisdictions.
CONCLUSION
Diversion is an optimal way to resolve a criminal case. Any time a guaranteed dismissal is on the table, one should take the opportunity. Although someone may be eligible, it does not mean that the court or the prosecutor will be persuaded to allow someone into diversion. This is where a good criminal defense attorney is key.
Contact Orange County Criminal Defense Attorney Adam Klugman today.
As the Owner and Founder of Klugman Law PC, Adam A. Klugman has 17 years experience practicing criminal law. He has tried or argued hundreds of criminal and DUI cases, consistently getting positive results for his clients.
As a criminal defense lawyer fighting for his clients, Adam Klugman draws heavily from his experience as a former prosecutor. Adam built cases and worked with police officers and detectives during his time as a prosecutor. This knowledge and experience gives Klugman Law PC's clients a decisive advantage in getting the best outcome possible.
Adam Klugman is known across courts in multiple jurisdictions for his trial skills, tireless advocacy, and reputation for credibility and candor. Let Klugman Law PC's years of experience go to work for you!