Judicial Diversion gives the court the ability to place you on diversion for certain misdemeanor offenses. The court will give you certain conditions you have to meet in order to complete diversion. Once you’ve completed the program, the court will dismiss the charges against you.
Under California Penal Code 1001.95, the court may offer diversion on a misdemeanor case, with certain exceptions, over the objection of a prosecuting attorney. The court will impose terms, conditions, and/or programs deemed appropriate based on the charges and/or facts of your case. You will need to comply with those terms, conditions and/or programs over the course of the diversion period, up to 24 months. At the end of the diversion period, if you have completed all the requirements, including paying full restitution, if applicable, (unless you can show the inability to pay due to indigence), the court will dismiss your case.
However, the court may not offer Judicial Diversion if you are charged with any of the following violations:
The court granted diversion, what now?
As always, if you are facing criminal charges, you should discuss your case with an experienced criminal defense attorney. We can help you determine whether you may be eligible for one of these court diversion programs, and work with you to ensure the court has all the information necessary to accept you into the appropriate diversion program.