Misdemeanor Diversion – Penal Code 1001.95
Due to recent California criminal justice reforms, as of January 1, 2021, misdemeanor diversion programs have been made available for many non-felony arrests. If your case meets the criteria for diversion, you be able to avoid jail and even have the arrest wiped from your record. However, to qualify, you and your defense attorney must request a diversion program instead of a typical criminal conviction.
What Is Diversion?
California’s misdemeanor diversion program pauses your case in the court system and allows you to avoid many of the most severe consequences from an arrest. Diversion is a system ordered by a judge and requires that you complete a set of goals or tasks within a predetermined period of time.
Some diversion programs last one year while others last two. Every diversion program is tailored to your exact circumstances depending on what type of crime you are charged with, your criminal record, and your situation in life.
For example, imagine a DUI case. You were pulled over and charged with a misdemeanor DUI. You have no prior DUI arrests and an otherwise clean criminal record. In diversion, you may be required to attend Alcoholics Anonymous meetings (if your DUI was for alcohol, not drugs), attend California’s drunk-driving school, and have restrictions placed on your license. Community service is usually required as a part of a diversion order.
As long as you verify that you complete the terms of your diversion program and have no other legal trouble, a judge will then dismiss your case. You can also request the arrest be removed from your record upon completion of misdemeanor diversion.
How Do You Get California Misdemeanor Diversion?
The new California misdemeanor diversion program is designed to avoid creating repeat criminals by keeping non-violent offenders out of jail and in the work force. Because a misdemeanor conviction can upend your entire life, diversion aims to get you back on the right track and prove you are not a continuing threat to society.
That means you need to prove that you are worthy of being granted misdemeanor diversion. You and your attorney should create a plan for showing the judge how you would benefit from diversion. This may involve making a professional resume or seeking written character references.
Because each misdemeanor diversion program is unique, you may also consider addressing factors specific to you as an individual. For example, if your arrest stemmed from a possible substance abuse issue, show the judge how you have proactively sought self-help programs. If you were arrested for a petty theft stemming from an addiction to drugs, showing the judge you are getting clean may make you an ideal candidate for misdemeanor diversion.
Remember, however, that you must file a request for diversion with the court. Even if you are the perfect candidate, you will not automatically be placed into a diversion program. You should speak with a criminal defense attorney near you about setting up a California misdemeanor diversion petition.
What are the Exceptions to California Misdemeanor Diversion?
There are two main exceptions to the new law regarding California misdemeanor diversion:
- Domestic violence charges.
- Stalking, including cyberstalking.
If you are facing either or both types of charges, the diversion program is not available. You will need to fight your case in the traditional manner.
Additionally, it is still unclear whether the diversion option applies to misdemeanor DUIs. While some courts apply diversion to DUIs, others have refused to d oso. Since the law is still new, it may be some time until California’s misdemeanor diversion program is standardized throughout the justice system.
If you believe you are a good candidate for the new misdemeanor diversion program in Anaheim, California, we can help. Contact Chambers Law Firm as soon as possible at 714-760-4088 or dchambers@clfca.com to begin planning your request. The initial consultation is always free!
