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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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- What Is Drug Diversion Under PC 1000?
- What Is Mental Health Diversion Under Penal Code 1001.36?
- What Is Military Diversion Under Penal Code 1001.80?
- What Is Developmental Disability Diversion Under Penal Code 1001.20?
- What Happens If I Fail to Complete Diversion?
- Additional Reading
California Penal Code 1000 allows certain nonviolent drug-related nonviolent misdemeanors such as “simple possession” to be diverted from the criminal justice system. This means the charges can be dismissed and sealed if you complete the required drug treatment and abide by probation terms.2 For you to be eligible for drug diversion under Californi...
Mental health diversion lets you get inpatient or outpatient treatment if you have been charged with a crime andhave a mental health disorder such as: 1. Post-traumatic stress disorder, 2. Bipolar disorder, or 3. Schizophrenia or schizoaffective disorder.4 Your treatment plan – which may require therapy, counseling, and rehab – can last up to two y...
Military and veterans diversion is a California program open only to current and past service members accused of a misdemeanor offense, such as drunk driving (DUI)or possessing controlled substances. For you to qualify for diversion, your military service must have caused you to currently suffer from either: 1. Sexual trauma, 2. Mental health probl...
To qualify for California’s Developmental Disability Diversion Program, you must: 1. have a developmental disability as defined in Welfare and Institutions Code § 4512, 2. have not been in a diversion program in the past two years, and 3. get approval by the court. The program begins with an assessment by a regional center. Then an individualized t...
The court may reinstate your criminal charges if any of the following events happen: 1. Prosecutors charge you with a new crime that makes you unsuitable for diversion, 2. A qualified mental health expert tells the court that your performance in your treatment plan is not satisfactory or you are gravely disabled, or 3. You otherwise violate the ter...
For more information, see our related articles: 1. What is diversion?– A general overview of how diversion works in California. 2. California Drug Courts: How it works– An opportunity for nonviolent drug offenders to avoid a conviction by doing rehabilitation. 3. How to do Veterans Court in California– Intensive rehabilitation program that permits ...
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California’s “Mental Health Diversion” program may allow you to get mental health treatment when you are accused of a crime. Set forth in Penal Code 1001.36 PC, it is a form of “pretrial diversion” in California.
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- California's “Mental Health Diversion” program may allow you to get mental health treatment when you are accused of a crime. Set forth in Penal Cod...
- The court can only approve a program of treatment if ALL of the following conditions have been met: You have been diagnosed with a mental disorder...
- Mental health diversion under Penal Code 1001.36 lasts a maximum of two (2) years. For misdemeanors, the maximum is one (1) year. It can consist of...
- Payment for mental health treatment under PC 1001.36 can come from private or public funds. If you cannot afford private treatment, the court may r...
- The provider of a diversion treatment program will provide regular progress reports to the court. Such reports will also be sent to you and the pro...
- If you successfully complete the treatment program, at the end of the diversion period the court will dismiss the charge(s). You are considered to...
- Upon your successful completion of mental health diversion, the charges against you will be dismissed. The arrest will be sealed.
- Sealing a record in California does not remove it from consideration by an immigration court. Though there should be no immigration consequences fr...
Apr 6, 2023 · 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.
Jun 4, 2021 · AB 3234 allows defendants to have their misdemeanor cases dismissed and even erased from their record if they successfully complete the diversion program. AB 3234 does not require defendants to plead guilty in advance, even if they are accused of misdemeanor DUI under Vehicle Code 23152 VC.
Jan 5, 2024 · A pretrial diversion program is an alternative resolution of a criminal case by which you can avoid jail and a criminal conviction. The program diverts you out of the criminal justice system and into a form of supervised release or probation.
Apr 27, 2021 · How Does Diversion Under AB 3234 Work? 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.
