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Get out of jail free card
- The Court Initiated Misdemeanor Diversion is essentially a “get out of jail free card” as it provides an alternative to criminal prosecution and aims at preventing the creation of repeated offenders by keeping non-violent offenders out of jail by giving individuals a second chance and a clean slate.
www.justice-firm.com/blog/ab-3234-californias-misdemeanor-diversion-program/
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AB 3234, now known as the Misdemeanor Diversion Program, (PC 100.95 – 100.97), can give you or your loved one a chance to have your case dismissed or erased upon completion of a court-ordered diversion program. Even over the objection of a prosecuting attorney.
California's Misdemeanor Diversion Programs Explained. 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.
- 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.
Mar 23, 2021 · The new statutory scheme allowing for Court-Initiated Misdemeanor Diversion thus creates a vehicle by which the Court can prevent unnecessary harm to a defendant in terms of a criminal record, while ensuring that a defendant may undergo rehabilitative monitoring, programming, testing, or therapy that seek to prevent any recidivism back into the ...
Feb 27, 2021 · What is Misdemeanor Diversion? 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.”
(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant.
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