Putting off sentencing and a judgment is an option for crimes that are eligible for diversion.
The state of California has strict laws regarding both crime and how those crimes should be punished. At the same time, the state recognizes that in some cases, a person doesn’t need to go to jail — they need help. When a person commits a crime due to certain issues, such as substance abuse or mental health struggles, they may be eligible for deferred entry of judgment.
As a criminal defense attorney in Riverside, CA can explain, deferred entry of judgment is part of California’s pretrial diversion program. If you are eligible to participate in one of these programs, you will enter a plea of guilty or no contest. However, judgement and sentencing will be delayed (deferred) to give you an opportunity to complete treatment and probation. If you successfully do so, then the case will be dismissed and you will not be convicted of a crime. However, if you are unsuccessful or do not complete the program, then your case will pick up where it left off — and you may have a criminal conviction on your record.
You may be able to obtain a deferred entry of judgment if you qualify for a mental health program or a misdemeanor diversion program. For people with mental health issues, you may be able to ask the court to defer entry of judgment while you enter a court-approved mental health treatment program.This program is only available for people with certain mental health issues. The treatment must be completed within 2 years. To be eligible, you must meet certain criteria:
- You have been diagnosed with a mental health condition other than pedophilia, antisocial personality disorder, or borderline personality disorder;
- Your mental health condition played a significant role in the charges against you;
- A mental health experts believes that you would respond to treatment;
- You agree to waive your right to a speedy trial and get treatment; and
- The court is satisfied that you do not present an unreasonable risk to the public.
Mental health diversion can be used for most crimes, other than serious sex crimes and violent crimes.
Deferred entry of judgment is also available for people who are accused of nonviolent misdemeanor offenses. The exact treatment program will depend on the charge. It may include drug or alcohol rehabilitation, anger management classes, community service, victim restitution and probation. Most nonviolent misdemeanor charges are eligible for this program, including minor drug possession charges. However, to be eligible for the program:
- You cannot have had a conviction for a crime that would be ineligible for misdemeanor diversion within the last 5 years;
- You cannot have used violence or threaten violence in the current case;
- There must be no evidence of a more serious offense that would be ineligible for the program; and
- You cannot have been convicted of a felony within the past 5 years.
If you have been charged with a crime and think that you may qualify for a deferred entry of judgment, we can help. Our team of criminal defense attorneys in Riverside, CA will analyze the facts of your case, and where appropriate, make an argument for why you should be eligible for a diversion program. To learn more about how we can help if you have been charged with a crime in California, contact us today at 714-760-4088 or dchambers@clfca.com.
