California law authorize a judge to offer diversion to a defendant charged with a misdemeanor. This type of diversion is particularly important for people facing a first-time or relatively low-level misdemeanor, although being a first-time offender is not an absolute statutory requirement.
A judge has discretion to determine whether diversion is appropriate.
Examples of misdemeanors that may, depending upon the circumstances, be considered for diversion include:
Whether a particular offense qualifies must be evaluated on a case-by-case basis. Some offenses are specifically excluded from misdemeanor diversion, including offenses requiring sex-offender registration, domestic-violence offenses as defined by the statute, and stalking.
Misdemeanor diversion terms are from 6 moths to 2 years.
The specific requirements depend upon the circumstances of the case and the orders issued by the court.
Common diversion conditions may include:
The statutory requirements specifically include completion of the court-ordered conditions, restitution, and compliance with applicable protective, stay-away, or firearm-possession orders.
Diversion provides an alternative to obtaining a criminal conviction.
Instead of immediately proceeding to trial or resolving the case by conviction, the court may postpone the criminal proceedings and place the defendant on diversion. The defendant then completes the conditions ordered by the court.
If the defendant successfully completes the diversion program, the court must dismiss the criminal action.
If the defendant violates the terms of diversion, the court may hold a hearing to determine whether the defendant failed to comply. If the court determines that the defendant did not comply with the conditions, the court may terminate diversion and order the criminal proceedings to resume.
The positive effects of successfully completing a misdemeanor diversion program are many. You have both immediate and long-term impacts. As far as immediate effects go, you include avoiding a costly, lengthy, and contentious court proceedings.
Long-term, successful completion of a diversion program allows you to avoid having a criminal record. After you meet all court-ordered conditions, the case is dismissed. You can lawfully say that you were not convicted of the crime for which you completed a diversion program. This will help with employment, benefits, or licensing decisions.
With diversion, you avoid points on your driving record, avoid court fees which can be thousands of dollars, and avoid being on a long probationary term which can affect where you are allowed to go and what you’re allowed to do. An insurance company would not see a conviction on your driving record. You WILL have constraints on behavior, who you can be with, and what you can do during your diversion term.
Being free of a criminal record has many social implications. Having an arrest or conviction show up on a background check can make it difficult for a person to find a job or a place to live, making it hard for you to become a productive member of society. If you do not have a criminal record, you will not face these hurdles.
It must be noted, though, that even if the individual completed a misdemeanor diversion program, the Department of Justice can still access the arrest information if the individual applies for employment as a peace officer or if you need a Department of Defense clearance for work or to join the military. Also, if asked directly during the hiring process about past arrests, you must answer that you have been arrested.
As successful Criminal Defense Attorneys in Chico, we frequently serve Butte, Glenn and Tehama County.
We will defend your Chico DUI, Butte County criminal case, felony charge or probation violation.
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