California understands that not all defendants are bad people or benefit from incarceration. Additionally, the stigma of a conviction on a criminal record can adversely affect your life. A pretrial diversion (PTD) program pauses the criminal judicial process and allows specific defendants to avoid serving time by fulfilling particular conditions, including probation, counseling, and community service. Its purpose is to enable non-violent defendants to rehabilitate and proceed with life without a criminal record.
Benefits of Pretrial Diversion Programs
Here are the pros of engaging in a pretrial diversion program:
You Avoid a Criminal Record
A compelling reason to consider a PTD is the chance to avoid having a criminal record. After completing the program, the court will dismiss your criminal charges, and a conviction will not appear on your criminal record.
By participating in PTD, you take proactive steps towards personal growth and increase your ability to be a productive member of society. It also makes securing educational opportunities, housing, and employment easier.
Focus on Your Rehabilitation
PTD aims to transform a negative experience into a positive chance for community contribution and personal growth. Here are ways these programs foster the transformative process:
- Counseling—Counseling sessions address the underlying issues like anger management and substance abuse. By handling the root causes, the programs help defendants to develop better coping mechanisms.
- Community service — It assists in repairing relationships and rebuilding trust within society.
- Job training offers qualifications and practical skills that increase the chances of secure employment after completing the program. It reduces the likelihood of reoffending and provides a sense of self-worth and a stable income.
Saves Judicial Resources
Diverting eligible defendants into pretrial diversion programs eliminates the need to take the case to trial. It accelerates case resolution and lowers the workload on court resources and staff.
Pretrial diversion programs allow more focus on severe offenses. That means more severe crimes receive the resources and attention they need for prosecution and thorough investigations.
Designed to Personal Needs
Pretrial diversion programs are not one-size-fits-all solutions. They are tailored to address the specific needs and circumstances of all participants. For instance, substance abuse treatment might involve support groups, therapy, and detoxification designed to help you overcome your alcohol dependence and avoid future crimes. The individualized approach ensures effective and relevant intervention, increasing the likelihood of rehabilitation and reintegration into society.
Military Diversion Per Penal Code Section 1001.80 PC
Military diversion per PC 1001.80 is a substitute for incarceration for a misdemeanor crime against a veteran or active military member.
You must not take a no-contest or guilty plea to acquire military diversion. Instead, the court will pause criminal hearings while you engage in education and treatment. After completing the program, the court will dismiss the charges. Nobody can use records of your diversion or arrest without your permission in any manner that can lead to denial of employment, certificate, license, or benefit. You can lawfully respond to questions about your previous criminal record that you were not diverted or arrested for a crime, except when applying to become a law enforcer.
You might be eligible for military diversion if, due to your military service, you suffer from:
- Post-traumatic stress disorder— The mental health disease is suffered by some individuals who have faced traumatic experiences, like sexual assault or combat. Please note that not all people who experience trauma develop PTSD; some individuals face challenges but return to normalcy quickly. Signs of this condition start manifesting three months after the traumatic experience or years later.
- Military sexual trauma—According to the United States Department of Veterans Affairs, military sexual trauma is the psychological trauma that a Veterans Affairs mental health expert concludes stemmed from sexual harassment, battery of a sexual nature, or a physical assault of a sexual nature that happened while you were on active duty for training, inactive duty training, or on active duty.
- Traumatic brain injuries— It is a cognitive impairment originating from violent jolts or blows to the body or head. It could be due to a substance penetrating the brain tissues or a severe fall. Some signs of TBI include loss of sensation or coordination, cognitive challenges, emotional challenges, dizziness, and headaches.
- Substance abuse, among other mental illnesses—Individuals with substance abuse challenges, among other mental illnesses, like severe depression, can also qualify for military diversion. When determining eligibility, the judge considers whether the disease originated from the military service and if the treatment will benefit you.
This PTD is only available for first-time misdemeanor defendants. If you have a previous conviction for the same crime or are charged with a low-level or violent felony, you will be referred to Veterans Court. Common misdemeanor charges veterans face include drug possession and assault.
How to Obtain Military Diversion
You or your lawyer can request the court to grant a diversion, which can conduct an assessment before making a decision. If the judge grants your request, it will place you on military diversion and postpone your criminal hearing for two (2) years as you undergo the program and receive treatment.
Typically, courts give preference to programs that have previously successfully treated patients with trauma because of military service. These programs are operated by:
- U.S. Department of Veterans Affairs
- U.S. Department of Defense
If the court orders mental health treatment, it can refer you to the county mental health agency that agrees to take responsibility for:
- Your treatment
- Filing reports to the court
- Coordinating relevant referrals to county veteran service officers.
Conditions of the Pretrial Diversion Program
Some of the terms and conditions you must adhere to are as follows:
- Attending treatment sessions
- Attending compulsory court hearings
- Random drug tests
- Submit a progress report from the authority administering your program
- Counseling for substance abuse or domestic violence
The Court Can Terminate Your Program Before Completing It
The agency administering the program should bring reports of your progress to the prosecution and the court after six months.
The judge can schedule a hearing if they think that:
- The defendant is not performing [g satisfactorily in the program
- The defendant is not gaining from the services and treatment offered under their program
In that case, the court will terminate your PTD and resume your criminal proceedings.
Mental Health Diversion
The mental health diversion program under PC 1001.36 permits you to receive mental health treatment when you are charged with an offense.
However, not all offenses qualify. Some of the crimes that do not qualify include the following:
- Involuntary manslaughter
- Sex crimes like rape
- Failing to meet your sex offender registration obligation
After completing the program, the court will dismiss your criminal charges and seal your arrest. For many purposes, your prosecution and arrest would be as if they never occurred. Nevertheless, records of engaging in diversion and sealed arrest records can be used as follows:
- You should reveal your arrest when applying to become a law enforcer
- Criminal judicial authorities can access and use your sealed arrest record in their normal course of duties
- The court can use the records when determining whether to grant mental health diversion for your future criminal charges
- The records can be used to offer you continued care and treatment
The judge considers you to have completed the program when you:
- Have significantly adhered to the diversion’s requirements
- Have not violated any new law unassociated with the mental health disease
- Have a plan for long-term care
Eligibility Qualifications
To be eligible for mental health diversion, you should meet the following elements:
- You have a mental health condition diagnosis — To be eligible for Penal Code 1001.36, you should be diagnosed with schizoaffective disorder, PTSD, schizophrenia, or bipolar disorder within the last five years. You do not qualify if you suffer from pedophilia, antisocial personality disorder, or borderline personality disorder. You should present proof of a trained mental health professional’s diagnosis. Pieces of evidence you can present include your examination, arrest reports, and medical records.
- The mental health condition played a role in your alleged offense — The court should find that the condition played a key role in your offense unless there exists convincing and clear proof. Vital evidence includes police reports, witness reports, preliminary hearing transcript, and medical reports.
- You will respond to the treatment—A skilled mental health professional should believe the treatment will be effective for you to receive treatment. They should believe the symptoms triggering the criminal conduct would respond to treatment.
- You waive your entitlement to a speedy trial — The 6th Amendment to the U.S. Constitution gives you the entitlement to a speedy trial. To participate in this pretrial diversion program, you should waive the legal protection of a speedy trial.
- Your consent — You should agree to complete treatment as a term of PTD (unless your current mental health state stops you from granting permission).
- You pose minimal risk to the community — The judge should believe that you will not be a threat if treated in your community. The judge determines after considering the district attorney’s opinion, your criminal defense attorney’s opinion, a trained mental health professional’s opinion, your history of violence or criminal history, and the seriousness of the alleged crime.
Diversion Duration
Diversion per Penal Code Section 1001.36 PC typically lasts two years, with misdemeanors lasting a year. It can comprise outpatient or inpatient treatment.
Before approving your treatment, the judge will review your needs, your request, the community’s interest, and the prosecutor’s request.
Drug Diversion Under PC 1000
PC 1000 is the pretrial diversion program for drug offenses involving simple possession for personal use. It allows most non-violent drug defendants to receive education and treatment instead of serving time. After completing the program, the court will dismiss your criminal charges. However, if you fail the diversion program, your case will proceed to trial.
Eligible crimes are as follows:
- Possesing controlled substances
- Possessing cannabis illegally
- Possing drug paraphernalia
- Possessing certain prescription sedatives illegally
- Possessing methamphetamines for your personal use
- Cultivating marijuana for your personal use illegally
- Using or having a counterfeit prescription to acquire drugs for personal use
On top of the above, you must fulfil the following conditions to qualify for drug diversion:
- You have not been found guilty of a non-PC 1000 eligible drug offense within the last five years
- The alleged crime does not involve violence or threats of violence
- There exists no proof of an additional or more severe drug offense
- You do not have a felony conviction within the preceding five years
Obtaining a Pre-trial Diversion Referral
The prosecutor initiates the process of determining whether you qualify for a drug diversion program. The prosecution will notify you or your defense lawyer of the qualification. Here are the subsequent steps:
- The prosecutor will send you a notification of potential qualification
- Investigation by the probation department to verify your qualification
- You will take a not guilty plea to the criminal charges and waive the entitlement to a speedy trial
- The court will schedule a pretrial diversion hearing, where it will analyze the facts of your case
- The judge will finally determine whether to permit you to engage in the PC 1000 diversion program
Conditions You Must Adhere to
After enrolling on the diversion program, you should comply with the following conditions:
- Completing the drug treatment program
- Frequent drug tests
- Attending every scheduled treatment session and court hearings
- Avoiding being arrested during the drug diversion duration
Find a Skilled Criminal Defense Lawyer Near Me
Suppose you have been prosecuted for an offense in Los Angeles. In that case, pretrial diversion might be a way to resolve the case without facing a trial, conviction, or criminal record. It can be life-changing for qualified people. If the court grants your request to participate in the program, your criminal case will be paused as you complete treatment and comply with the imposed terms. After completing PTD, the court will dismiss and seal your criminal record. Law Offices of Jonathan Franklin can help you protect your legal rights, represent you in court to obtain the most favorable case outcome, and explain how PTD programs work. We can also evaluate your eligibility, work with the court to ensure your entry into the program, and help you complete the program. Please contact us at 310-273-9600 to schedule your no-obligation consultation.
