A Pre-trial diversion is a program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.
California Agreement for Pretrial Diversion
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California pretrial diversion programs allow eligible defendants to avoid serving jail time if they complete treatment and education classes. The court then dismisses and seals the case, as if the matter had never happened. No jail time, and no record of conviction. Pretrial diversion is a pure win-win.
In essence, AB 3234 gives judges the power to grant a diversion to a defendant in a misdemeanor case and to postpone the case for up to 24 months. Importantly, under this law, a judge has the power to ?divert? a case, even if the prosecuting attorney objects.
The charged offense(s) must not have involved a crime of violence or threatened violence; There must be no evidence of any additional and more serious drug crime(s) (such as drug sale or possession for sale); and. You must not have any felony conviction(s) within the preceding five years.
What criminal offenses are eligible? 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.
A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy behavior leading to the arrest.
However, you do not have to plead guilty to the alleged charges to qualify for this pretrial diversion program ing to Penal Code (PC) 1000. Typically, this diversion program has a duration of about twelve (12) to eighteen (18) months, depending on the discretion of the judge presiding over your case.
Thanks to Assembly Bill 3234, enacted on January 1, 2021, California now offers more expansive misdemeanor diversion opportunities. The new law extends diversion eligibility to offenders charged with misdemeanor assault, criminal threats, elder abuse, DUI, and carrying a concealed firearm, among other crimes.
