Pretrial Diversion Programs in California
I've been doing criminal defense for twenty-five years and have seen this concept of diversion programs repeatedly. And, of course, the main ones changing it and trying to ward its meaning around are the prosecutors because they don't like diversion programs because, in an actual diversion program, the person never pleads guilty to anything.
The case is continued. They do some drug program, or domestic violence program, or some other corrective measure is imposed against them. They do it, and when they return in six months, a year, or whatever the time frame is, the case is just dismissed. So, that would be an actual diversion because the case is diverted. Nobody pleads guilty to anything.
What Happens in Diversion Programs?
I'm seeing more now in today's criminal defense arena that the prosecutors call things that aren't diversions. For example, if somebody pleads guilty, the case is put over for one year, and then after the one year, they can take back their guilty plea, enter a not-guilty plea, and the case is dismissed if they don't get in trouble. They do whatever the court/prosecutors order them to do, and that is not a diversion program.
That is more of a deferred entry of judgment. Instead of getting convicted on your guilty plea, you're being put in a position where you're not being sentenced; therefore, you don't get any conviction, and then you can take the guilty plea back after whatever time frame is agreed upon. This is different from a diversion program, where the case is dismissed without any guilty plea being entered.
It's important to understand that deferred entry of judgment is not the same as a diversion. In a deferred entry of judgment, you're not being convicted on your guilty plea, and you can take the guilty plea back after a set time frame.
It's not easy to get diversion in today's criminal defense arena because prosecutors don't view that as you getting punished for whatever it is you did. What they're looking at is they want to get a mark on your record.
They want to get you in a position where if you do something wrong again, they've got that mark on your record to say to the judge, look, this person did this before, and now they are doing it again. Let's hammer them with the sentence. So, they don't like diversion programs.
Diversion programs take work to get. The one thing that has tipped the scales in favor of somebody getting a diversion on a criminal case in Los Angeles is all these propositions that have passed.
Prop 47 and many of the other propositions are saying, look, we're not going to put these people in jail or prison anymore who are just possessing drugs and ruining their own lives. We're going to try to help those people.
We're going to try to educate those people. We're going to try to rehabilitate those people by way of programs and things that they can utilize so they can break their addiction and they can get their life together — get their act together.
We're not just going to warehouse them, have the California penal system pay millions of dollars every year for them to be housed, and then they get out, they have no education, they have no skills. They cannot get rid of that vicious drug cycle. They go right back to what they were doing.
Qualifying for a Diversion Program
So, if you're looking for a diversionary deal on your case, you must have the exemplary scenario. You'll have to have a scenario where you deserve a chance. Maybe it's a drug case. Perhaps it's even a domestic violence case.
It could be any case if somebody could get a diversion. It depends on your criminal record, the facts of the case, and, most importantly, whether your attorney can convince the prosecutor and judge that you are a candidate who should get a diversion.
Your attorney's role is crucial here, as they will need to present a strong case for why you deserve a diversion, based on the specific circumstances of your case and your personal history.
So, if you're looking for a diversionary deal, you must pick up the phone. Could you make the call? Let's sit down and talk and see if it's realistic. Sometimes, it could be more realistic. Sometimes, you're trying to get a diversion and have no chance of getting it.
The attorney you're working with will guide you through this process, providing you with the necessary information and advice to make the best decisions for your case. So, pick up the phone. Make the call. We'll work together to get you out of the criminal justice system quickly and protect your rights, your freedom, your reputation and all the things that you hold dear.
