Pre-trial diversion is a program that diverts cases for people charged with certain crimes. Instead of facing a criminal trial, a defendant is placed on supervised probation and allowed to “prove themselves.” If they complete probation, the charge is dismissed.
Pre-trial diversion allows many people to avoid a criminal conviction and a permanent criminal record. It is the best choice for most eligible criminal defendants.
Table of Contents
Who Is Eligible for Pre-Trial Diversion?
Misdemeanor diversion and drug diversion are two common programs that are part of California’s system of alternative sentencing options. There are also other diversion programs, such as for veterans and people suffering from mental health disorders.
Misdemeanor diversion is available for those who are charged with most misdemeanors. However, it is not an option for defendants who are charged with:
- A charge requiring them to register as a sex offender
- A domestic violence charge
- Stalking
Additionally, a defendant may participate in the drug diversion program as long as they meet the following requirements:
- They don’t have a prior drug conviction that is not diversion eligible from the past 5 years.
- The current charge is not a crime of violence.
- The charge is for simple possession for personal use and not a more serious drug offense.
- They have no felony convictions from the previous 5 years.
An attorney can help you understand whether or not you are eligible to participate in a diversion program.
What Are the Steps to the Pre-Trial Diversion Process?
The pre-trial diversion process is generally very straightforward. After your arrest, you will begin the criminal court process.
Your attorney will request that you have the opportunity to participate in one of the programs. The prosecutor may agree or object to diversion.
If the court orders you to a diversion program, you will likely be required to enter a guilty plea. After you plead guilty, the court will continue your case for some time, usually 1-2 years, and will order you to undergo probation.
You must complete the probationary requirements and have occasional check-ins with the court. If you complete probation, the judge will dismiss the case instead of finding you guilty.
What Are The Requirements Of The Pre-Trial Diversion Program?
The requirements of the pre-trial diversion program depend upon the program you are participating in and the facts of your case. Some of the most common requirements are:
- Reporting to a probation officer
- Not getting arrested or charged with additional crimes
- Drug testing
- Seeking or maintaining employment
- Participating in drug treatment, mental health treatment, or other therapeutic services
- Paying restitution in your case
- Attending all court dates
- Completing volunteer work
The judge has a lot of leeway to impose conditions during probation. Furthermore, the judge may add or remove conditions as you progress through the program.
What Happens When You Successfully Complete Pre-Trial Diversion?
If you complete the program, the judge will dismiss your case instead of entering a judgment. This means that you are not convicted of the crime and you will not have a criminal record. However, there will still be a record of your arrest.
What Happens if You Fail Pre-Trial Diversion?
A couple of different things can happen if you fail pre-trial diversion. If you violate a relatively minor probationary condition, the judge could agree to extend the probationary period to give you a second chance. In this case, they may also impose additional requirements.
However, repeated violations of your probation terms may lead the judge to remove you from the program. If you entered a guilty plea as a condition of your participation, the judge will enter a conviction, and you won’t have the opportunity to contest the charges at trial–since you waived that right when you agreed to the program. On the other hand, if a guilty plea wasn’t required for entry, your case would move forward to trial.
Contact Our San Diego Criminal Defense Lawyers for a Free Consultation
A good criminal defense lawyer can help you even if you are a candidate for pre-trial diversion. Many people aren’t aware that these programs exist. A lawyer can explain whether or not you are eligible and help you identify the best program to fit your needs.
Furthermore, if the prosecutor objects to your participation, your lawyer can advocate for you. They might be able to convince the judge to let you into the program. Once you are in the program, your lawyer can help you understand and meet the requirements. They will keep track of your court dates and attend them with you.
Call Blair Defense Criminal Lawyers at (619) 357-4977 to schedule a free consultation.
