California Pretrial Intervention Agreement
Description
How to fill out Pretrial Intervention Agreement?
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FAQ
The new diversion law allows a judge to grant a diversion program to a defendant even if the district attorney does not approve of the judge's decision. Note: New PC 1001.95 law only applies to certain misdemeanor crimes.
Penal Code 1001.36 sets forth California's mental health diversion program. If you have mental health issues, this program may allow you to receive treatment in lieu of prosecution and jail when you are charged with a crime. If you successfully complete treatment, the criminal charges will be dismissed.
California's pretrial diversion allows you to avoid both jail time and a criminal record by undergoing treatment and education. If you complete the program successfully, your case is dismissed and your arrest record gets sealed as though the crime never happened.
For violations of certain criminal offenses, a defendant may be eligible for a diversion program. Diversion is the suspension of criminal proceedings for a specific period of time with certain conditions. If the defendant is unsuccessful in meeting these conditions, criminal proceedings will resume.
When diversion programs fail, individuals suffer, tax dollars are wasted, victimization is increased, and the system loses credibility, and in some of these cases diversion can actually be more expensive than normal processing, because offenders later have to be reprocessed and possibly incarcerated.
Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or a serious crime, like a felony offense, courts tend to think that it is too much of a risk to release you to a diversion program. Many pretrial diversion programs involve counseling and treatment.
Pretrial Diversion: A program that postpones the prosecution of an offense at any point in the judicial process from charging until adjudication. If the defendant successfully completes a diversion program, criminal charges may be dismissed at the end of the diversion period.
