The state of California has dramatically expanded opportunities for misdemeanor diversion with the enactment of Assembly Bill 3234.
Readers should note there are many existing laws offering diversion for some instances, like drug addiction and mental health. Still, many crimes are not eligible for a diversion program, while some defendants are ineligible due to prior arrests or convictions.
Enter Assembly Bill 3234, which permits many people to have their cases dismissed and even erased from their records if they complete a diversion program, including people who are convicted of drunk driving.
However, still, a defendant cannot be offered a diversion program for many types of offenses, such as domestic battery, staking, and any sexual-related crimes that require sex offender registration under California Penal Code 290 PC.
If a defendant is successful, this misdemeanor diversion is a huge benefit. Not only will the case be dismissed entirely, but the underlying arrest will never be deemed to have occurred.
This form of diversion provides an additional benefit over similar programs in that the defendant is not required to plead guilty in advance.
Our Los Angeles criminal defense lawyers are reviewing AB 3243 below to give you a better understanding.
AB 3234 Allows Judicial Discretion for Diversion
AB 3234 allows the judge to impose diversion, except in some instances, even when the prosecution objects.
Put simply, a judge in the California superior court who is prosecuting a misdemeanor case can offer diversion to the defendant if they determine it's appropriate.
If a defendant accepts the offer of diversion, the judge is allowed to continue (suspend) the case for up to two years.
A defendant must follow specific terms and conditions reviewed below during this time frame.
Diversion Program Terms and Conditions
The judge establishes these terms and conditions and other relevant obligations based on the case circumstances and the defendant's history. Common conditions include the following:
- drug treatment program,
- alcohol classes,
- community service,
- anger management,
- combination of other conditions set by the judge.
All defendants will be required to pay full restitution to any victim who suffered a loss, and they will also be required to comply with any protective or restraining order issued in the case.
However, a defendant's financial inability to pay restitution can't be used as legal grounds to violate a defendant for not following the terms of diversion.
California Crimes Not Eligible for Diversion
Assembly Bill 3234 misdemeanor diversion is not available for defendants who have been charged with the following crimes:
- Penal Code 243(e)(1) PC – domestic battery;
- Penal Code 273.5 PC – corporal injury to a spouse;
- Penal Code 646.9 PC – stalking;
- a misdemeanor sex-related offense that subjects a defendant to registration as a sex offender under California Penal Code 290 PC.
Put simply, defendants who have been charged with specific domestic violence offenses and sex crimes are not eligible for the benefits of the new diversion program.
Can AB 3234 Get a Defendant Diversion on a Misdemeanor Charge?
This is a new law that just came into effect in 2021. It's a potential remedy for many individuals facing a misdemeanor and not wanting to get a conviction on their record.
There's a list of charges that will allow a judge to allow a person to get this diversion program, such as driving under the influence, drug crimes, criminal threats, elder abuse, and more.
The prosecutor can object, but over the prosecutor's objection, the judge can give a diversion AB 3234 anyway.
If the person gets this, then they're able to do some program depending on what their issues are and, ultimately, you:
- avoid a criminal conviction on their record,
- avoid going to jail,
- avoid having to do a jury trial.
This is an excellent remedy in criminal cases of misdemeanors. However, not everybody will get it, and prosecutions will object to it vehemently.
That's why it's crucial to get a defense attorney who can fight for you, who knows what it takes to get these results, who knows what it takes to keep your record clean.
If you can get this diversionary program, it cuts you out of the criminal system to a large degree. It allows you to get a resolution that puts you in a compelling situation because, ultimately, you can get a dismissal. You can make it so nobody can see it on your record.
Initial Strategy Meeting to Review Eligibility
So, if you or a loved one is charged with a misdemeanor in Los Angeles County, I suggest you pick up the phone. Make the call. Ask for a meeting with Ron Hedding.
We'll talk about your case, your defenses, and what resolution makes sense for you and your circumstances.
If AB 3234 applies to you, you may be eligible for a diversionary program to avoid a criminal conviction, jail time, and a host of other problems that come with an offense. I will do everything possible to help you.
Just because you may be eligible for this program doesn't necessarily mean the judge has to give it to you. You've got to fight for it, and you've got to show the judge that you're the type of person worth giving a break to.
Your attorney must get all the information about you, your life, your record, your family, and all of the good stuff that relates to you. Once we can do that, we start to put ourselves in a solid position to argue for this offense.
Persuading Judge to Grant Diversion
The great thing about it is that even if the prosecutors don't think it's appropriate, they're trying to cite your prior criminal record—what you did in the misdemeanor case.
The judge can overrule them, but the judge will only overrule them if your attorney is powerful enough to speak on your behalf and convince the judge that you deserve a break and that you're not the type of person going to re-offend.
You're going to be successful on this program, and basically, you're going to make the judge proud because judges love it when they give people a break. The person takes advantage of the break, takes care of business, and gets on the right path.
The judges love nothing more than to kick the person out of the criminal justice system, wish them good luck, and give them a clean record so they can move on with a happy life.
If that's something you're interested in, you've come to the right place. I've been doing this for almost 30 years, since 1994, on the defense side, so I know what it takes to get you a successful result, and I'll do everything I can to help you.
Hedding Law Firm is located in Los Angeles County, and we offer a free case evaluation to review the details of your case and legal options.
