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- Under Assembly Bill 3234, judges have the discretion of granting misdemeanor diversion instead of a jail sentence. The diversion runs for up to two years, where the defendant must abide by some set terms and conditions. As long as you stick to the rules, the court will dismiss the case and seal all records allied with your arrest.
www.losangeles-criminalattorneys.com/blog/286-understanding-california-s-misdemeanor-diversion-programs
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Jun 4, 2021 · Under Assembly Bill 3234, superior court judges can offer a diversion program to people charged with qualifying misdemeanors. On January 1, 2021, the state expanded eligible misdemeanors to include crimes like DUI , assault, drug crimes , criminal threats , vehicular manslaughter, elder abuse, child abuse, and carrying a concealed firearm .
The decision to divert pre-arrest resides with law enforcement officers. This type of diversion is commonly referred to as police-led diversion, and occurs when law enforcement officers encounter circumstances that suggest that avoiding the criminal justice system altogether serves the best interests of the community and
- How Does Diversion Under AB 3234 Work?
- Does The Diversion Program Apply to All Misdemeanors?
- What Are The Effects of Completing A Diversion Program?
- How Can I Be Placed on A Diversion Program?
A diversion program provides an alternative to criminal prosecution. Instead of the defendant going through a trial, a judge may "divert" the case and order the defendant to complete specific terms, conditions, and programs. Under AB 3234, the judge can continue the case – meaning postpone it – for up to 24 months. During that time, the defendant i...
A judge may offer the diversion program to defendants charged with a wide range of offenses. Misdemeanors to which AB 3234 applies include, but are not limited to: 1. DUI 2. Vehicular manslaughter 3. Elder abuse 4. Child abuse 5. Assault 6. Hate crimes 7. Carrying a concealed firearm 8. Possession of a firearm in a school zone 9. Criminal threats 1...
The effects of successfully completing a misdemeanor diversion program are many. They have both immediate and long-term impacts. As far as immediate effects go, they include avoiding a costly, lengthy, and contentious trial. Long-term, successful completion of a diversion program allows the defendant to avoid having a criminal record. As mentioned ...
If you were arrested for a misdemeanor offense and are seeking to be placed on a diversion program in Murrieta, speak with a member of our team at John Pozza Attorney at Law, PLC. We will file the appropriate motions and present your case in front of a judge. Contact usat (951) 749-5598to learn more about your legal options under AB 3234.
Dec 28, 2020 · Defendants cannot be offered diversion for certain offenses such as: 243 (e) (1) pc domestic battery, 273.5 pc corporal injury to spouse, 646.9 pc stalking, and sex crimes requiring 290 pc sex offender registration. Under this new law, defendants are not required to plead guilty in advance.
Feb 27, 2021 · California recently passed a new law that could allow the court to divert (and ultimately dismiss) your case rather than proceed with the criminal prosecution. If the judge grants diversion in your case, the criminal prosecution is essentially put “on hold.”
AB 3234: Misdemeanor Diversion Laws of 2021. A new law has already been signed and becomes effective starting January 1, 2021. Currently, every county in Southern California can have their own version of a “Diversion” Program.
