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.

Judicial Diversion

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:

1. Any offense that, if convicted, would require you to register pursuant to Penal Code Section 290.
2. A violation of Penal Code Section 273.5 (Corporal injury to a spouse)
3. A violation of Penal Code Section 243(e) (Domestic Battery)
4. A violation of Penal Code 646.9 (Stalking)

The court granted diversion, what now?

Once the court determines that you are eligible for a diversion program, you will waive your speedy trial rights. Basically, the court puts a pause on your criminal case to give you time to complete the program. If you successfully complete the program, the court dismisses your case! If you do not successfully complete the program, the court will “un-pause” your case. At this point, and you and your attorney would fight the case through trial. When the court first grants diversion they will order certain requirements based on the specific circumstances of your case. For example, if your misdemeanor case involved theft, the court would likely order some sort of theft class, restitution (paying the alleged victim back for property that was taken) and obeying all laws.

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.