California Penal Code 1001.95 states “A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions”. What exactly does this mean to you? Depending on the criminal charges, it can mean a huge opportunity to earn a complete dismissal of all charges and even avoid a guilty plea.
PC 1001.95, commonly known as Judicial diversion, gives a judge the opportunity to “divert” an individual’s case for a period of to 24 months, If the person agrees to participate in a diversion program. The requirements during the diversion period vary with the type of crime you are facing, but common conditions set by the judge include attending counseling and educational classes, paying restitution, and community service.
This type of diversion only applies to defendants charged with misdemeanors and isn’t permitted on felony charges. Charges which are ineligible for diversion include stalking, domestic violence, DUI charges, and any crime that would require an individual to register as a sex offender.
In the past, there were two main options, guilty or not guilty. Pleading guilty could allow you to face less severe charges but would still cause you to sustain a conviction and have a criminal record. Not guilty would mean you would face the time, aggravation and expense of trial. If convicted, you could face very serious punishment.
Both were less than ideal, as pleading guilty could cause individuals to lose opportunities in employment and housing, while also still facing jail time and other penalties. Pleading not guilty and going to trial can lead to the charges being dropped, but it also means added stress, heavy legal fees, and the high risk of losing at trial.
Judicial Diversion gives individuals the opportunity to avoid all these issues, as long as they complete the program they are assigned to in the time given to them. If a person isn’t able to complete the program in the given time period provided by the judge, the time can be extended, as long as they are able to prove that they are working towards completing the program.
In order for someone to be allowed into diversion programs, their lawyer must normally file a formal, written request for diversion. We must establish to the court’s satisfaction that the client has no or little criminal history, the crime in question was of a non-violent nature, and we must show the client is willing to participate in the program.
Ultimately, it is the judge’s decision in deciding whether you’re able to participate in such a diversion program. It is also important to note that a judge doesn’t have to agree with the prosecutor in deciding whether or not they will grant diversion to the client.
Different diversion programs also exist, and PC 1001.95 is for general judicial diversion. Specific additional programs exist for drug charges, veterans of military service or active military, and those suffering from mental health issues.
Remember to be open with your lawyer about the facts of your case and about your personal life. If you think you may qualify for a diversion program, ask your criminal defense lawyer if he thinks you are eligible for some type of diversion program.
If you believe you qualify for judicial diversion, call a lawyer who has been helping people divert criminal charges since 1996.
Call me, Attorney Jeffrey Vallens (818) 783-5700 or (888) 764-4340
Email me at:vallenslaw@yahoo.com or
Visit my sites: www.4criminaldefense.com or www.westlakecriminaldefense.com