Pretrial Diversion Programs in California
In California, pretrial diversion programs allow eligible defendants to avoid jail time if they complete required treatment and educational courses. The court temporarily pauses further proceedings while a defendant, who is charged with specific crimes, completes their court-ordered courses.
Afterward, the court dismisses and seals the case, treating it as if it never occurred, which effectively removes it from public records and background checks.
Pretrial diversion offers a clear advantage with no jail time or conviction record. The defendant receives necessary treatment and education, helping them maintain their employment and reputation. Meanwhile, the prosecution, as a key player in the process, helps protect the public, and the court maintains the integrity of the judicial process.
Categories of Diversion Programs
California's pretrial diversion programs offer a valuable opportunity. In fact, diversion might be your best option to address a challenging and embarrassing criminal charge, providing a hopeful way to move forward. The three primary types of diversion programs are:
- Drug diversion - Penal Code 1000 PC
- Mental health diversion - Penal Code 100.36 PC
- Military diversion - Penal Code 1001.81 PC
The challenge lies in qualifying for diversion during the hearing and then completing it safely and promptly, with all required documentation.
Failure to complete the program could result in the reinstatement of criminal proceedings and potential conviction.
Pretrial diversion involves multiple steps. To qualify, you must arrange appropriate services, complete the diversion program, and handle all necessary paperwork.
Skilled legal representation from lawyers experienced in local courts, judges, and prosecutors is not only important, but also essential to ensure you feel secure and supported.
The best choice for this is the highly rated Los Angeles criminal defense lawyers at the Hedding Law Firm.
Drug Diversions as per Penal Code 1000 PC
Who qualifies for diversion? California Penal Code 1000 PC covers drug-related crime diversion programs, which are the first of three options. When a defendant is approved for diversion, they will receive:
- A designated period to finish drug or alcohol treatment
- Probation, or
- Pay victim restitution.
Courts typically divert nonviolent misdemeanor drug charges related to possession or use, especially for individuals without recent similar felony convictions. However, diversion is not an option for more serious felonies involving violence, threats, or distribution activities.
Drug Crimes That Qualify for PC 1000 Diversion
The drug crimes in California that qualify for resolution via a diversion program include:
- Health and Safety Code 11350 HS - possession of controlled substance,
- Health and Safety Code 11357 HS - unlawful possession of marijuana,
- Health and Safety Code 11358 HS - unlawful marijuana cultivation,
- Health and Safety Code 11364 HS - possession of drug paraphernalia,
- Health and Safety Code 11368 HS - forged prescription for narcotics,
- Health and Safety Code 11375 HS - possession of prescription sedatives,
- Health and Safety Code 11377 HS - possession of methamphetamine,
- Health and Safety Code 11550 HS - under the influence of drugs.
To qualify for drug diversion, a defendant must satisfy these conditions initially:
- No felony convictions in the last five years;
- No convictions for a crime, rendering them ineligible for diversion in the past 5 years.
- The current criminal charges do not include violence or threats.
Mental Health Diversion under Penal Code 1001.36 PC
Mental-health diversions are the next type of qualifying diversion, as outlined in California Penal Code 100.36 PC.
The court can approve mental-health diversion for a broader spectrum of crimes compared to drug diversions, covering both misdemeanors and felonies. However, the court cannot approve diversion for specific California offenses.
- Penal Code 187 PC - murder,
- Penal Code 192(a) - voluntary manslaughter,
- Penal Code 220 PC - assault with intent to commit a felony,
- Penal Code 261 PC - rape,
- Penal Code 288.5 PC - continuous sexual abuse of a child
It also covers any crime that mandates registration as a sex offender under Penal Code 290 PC, as well as other serious violent crimes. Mental-health diversions rely on a qualified mental-health professional providing a diagnosis that meets the standards of the Diagnostic and Statistical Manual of Mental Disorders.
The mental health professional must confirm that the disorder significantly contributed to the crime and that treatment would benefit the defendant. Importantly, mental health diversion programs exclude certain diagnoses, especially those that pose danger or concern, such as:
- Antisocial personality disorder.
- Borderline personality disorder, and
- Pedophilia.
Examples of qualifying diagnoses that may lead the court to grant diversion include:
- Bipolar disorder;
- Schizophrenia;
- Schizoaffective disorder; and
- Post-traumatic stress disorder.
To participate in a mental health diversion program, the defendant must meet specific conditions, such as the mental disorder contributing significantly to the crime and a mental health expert assessing that the defendant would respond well to treatment.
Military Diversion Program under PC 1001.80 PC
Military and veteran diversions are the third qualifying type of diversion, as defined in California Penal Code 1001.80. This program allows the court to divert only misdemeanor charges, excluding felonies like DUI and drug sales.
Importantly, although diversion is open to both current and former military members, eligibility requires the defendant to demonstrate that military service led to at least one of the conditions they now experience.
- Sexual trauma;
- Traumatic brain injury (TBI);
- Post-traumatic stress disorder (PTSD);
- Substance abuse; or
- Mental health problems.
Importantly, the court determines the diversion terms, which usually include treatment for drug, alcohol, or mental health issues. Additional conditions might involve restitution to victims affected by the crime. The court can also impose probation to ensure the defendant refrains from further misconduct after fulfilling the diversion requirements.
Defendants opting for diversion must relinquish certain rights, such as the right to a speedy trial, as diversion requires time for the defendant to fulfill the program requirements.
Find Assistance with a Diversion Program in California
As illustrated above, achieving successful diversion requires several essential steps, often necessitating the help of an experienced and reliable California criminal defense lawyer. The defendant needs to prepare for diversion by, for example, diagnosing mental health conditions and recording criminal history and military background.
The diversion hearing may demand careful advocacy from a lawyer recognized for their integrity by the court. Negotiating and advocating for diversion terms are also essential, as is providing proof to the court that the defendant has completed those steps on time.
The Hedding Law Firm is a top-rated criminal-defense firm in Los Angeles that can assist you in making the best decisions for your case. Pretrial diversion might be the ideal option for you, offering a hopeful way to move forward. Receive the experienced and reliable advocacy you need for pretrial diversion.
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