Los Angeles Pretrial Diversion Attorneys

Helping You Avoid Jail Time – Learn More Today

Going to jail and getting a mark on your criminal record can be damaging to your future prospects. Thankfully, California has pretrial diversion programs that might allow you to avoid both jail and a criminal record by completing a treatment and/or education course, among other requirements. If you want to see if pretrial diversion could get your criminal case dismissed before it causes permanent damage, talk to the Los Angeles pretrial diversion lawyers of Stephen G. Rodriguez & Partners today. We can guide you through the entire pretrial diversion process, including the first steps of seeing if you’re eligible.

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

What to Know About Pretrial Diversion Programs

An overview of important details about California’s pretrial diversion programs:

• California has three pretrial diversion programs, each with its own requirements.
• You can use a pretrial diversion program without pleading no-contest or guilty first.
• Using a pretrial diversion program can connect you with important help and resources that otherwise might have been difficult to attain.
• Failing the program or being charged with another criminal offense while completing the program will resume your original criminal case.
• Successfully completing a pretrial diversion program will dismiss the pending charges against you, which means you won’t have to go to jail and that mark will be kept off your criminal record.

CA PC 1000 Drug Diversion Program

If you are arrested for a nonviolent drug crime that is classified as a misdemeanor, not a felony, you may be eligible to use California Penal Code 1000’s pretrial drug diversion program. This specific diversion program focuses on getting you the drug addiction treatment that you need to stop using addictive narcotics, especially if those narcotics were involved in the drug crime charge against you. If you want to use this diversion program, the court will create a “treatment list” that details what treatments you will need to undergo to qualify for diversion. Oftentimes, the treatment list will include outpatient addiction treatment and educational courses about substance abuse.

You may be eligible for drug diversion in California if:

• You have not been convicted of an ineligible crime within the last 5 years.
• You have not been convicted of a conviction in the last 5 years.
• The charges you are facing now do not involve violence, including the threat of violence.
• The prosecution does not have evidence that suggests you committed another more serious and ineligible crime.

Public intoxication, possession of drug paraphernalia, forging a prescription, unlawful possession of marijuana, and possession of a controlled substance are among the most common drug crimes that are eligible for a drug diversion program. However, many other drug crimes under California’s penal code can make you eligible, so you should talk to our attorneys to see if you qualify. Call (213) 481-6811 if you’ve been arrested for a drug crime to get more information.

CA PC 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 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 program, your charges can be dismissed and sealed, 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 by the Diagnostic and Statistical Manual of Mental Disorders (DSM); most people who qualify for the diversion program have been diagnosed with bipolar disorder, schizophrenia, and post-traumatic stress disorder (PTSD), for example. [Diagnoses for antisocial personality disorder, pedophilia, or borderline personality disorder are disqualifying.]
• A recognized mental health professional attests that your diagnosed mental health disorder “significantly” contributed to the crime you allegedly committed.
• A recognized mental health professional, who might not be the same as the one who made the previously mentioned attestation, 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.

CA PC 1001.80 Military Diversion Program

Military service members and military veterans who have been accused of a misdemeanor offense might be able to use a specialized military diversion program if their military service left them with certain types of traumas.

You may qualify for a military diversion program if your military service caused you to suffer from:

• Mental health difficulty
• Post-traumatic stress disorder
• Traumatic brain injury (TBI)
• Sexual trauma
• Substance abuse or addiction

A judge will decide the specifics of this diversion program, which will usually include substance abuse treatments, psychological or behavioral therapy sessions, probation, and victim restitution if applicable. At Stephen G. Rodriguez & Partners in Los Angeles, we are proud to represent our country’s brave military service members, so please let us know if you want to see if you qualify for a military diversion program.

What is the Pretrial Diversion Program Process?

The typical process of a pretrial diversion program includes:

1. You are arrested or cited for a criminal offense.
2. Your attorney requests that the court hearing your case allows you to enter the appropriate diversion program.
3. If you fail or quit the diversion program for any reason, your original criminal case resumes where it left off.
4. You follow the requirements of your diversion program and complete it.
5. The court reviews the completion of the diversion program and dismisses the charge against you if there are no discrepancies.

Failing a Pretrial Diversion Program

If you fail your pretrial diversion program for any reason, your original criminal charges will be reinstated and the original criminal case against you will begin where it left off. As before the pretrial diversion program began, you will be able to challenge the charges with the help of our criminal defense attorneys. Before it begins again, though, a diversion hearing will likely be scheduled, which will decide if your treatment plan should change, if you should be put under a conservator’s care, and/or if your diversion program should end altogether.

You can fail a diversion program if:

• You are charged with a new felony or a new violent misdemeanor.
• You are accused of any crime that makes you ineligible for pretrial diversion.
• You are deemed ineligible for continued treatment by an involved and qualified mental health expert.
• You miss or fail any of the stipulations of your pretrial diversion program, such as failing a probation requirement.

Explore Your Pretrial Options – Call Now

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.