Judicial Diversion in Criminal Cases in California: When, Where and How can you get it?
There has been a lot of talk about Judicial Diversion lately. There have been a lot of requests for Judicial Diversion lately. A lot of my clients have been getting Judicial Diversion lately…And it’s awesome! Today alone I got diversion for two different clients. One case was a drug case which also involved resisting arrest. The other case was a Penal Code Section 148 where the police claimed my client was lying to them, delaying their investigation and hiding his son from the police when his son was a felon on probation and subject to search or seizure at any time of the day or night by any member of law enforcement or probation at any time of the day or night with or without a warrant.
Both clients avoided a guilty plea. Both clients will avoid probation. No jail, no fines, no work service and best of all, no convictions. It was a really good day. All these gentlemen have to do is obey all laws for 6 months and then they get their cases dismissed.
Last week I resolved one misdemeanor hit and run case for diversion and got an offer to do the same thing for another case. Again, the clients need to obey all laws, rules and orders of the court, but they walk away with no conviction and no other punishment. I feel that this outcome is even better than a Civil Compromise under Penal Code Section 1377/1378. Diversion is better because it gives us the finality of dismissal. Civil Compromise leaves things in abeyance simply stating that the case is “permanently stayed and the defendant discharged therefrom”. I’m not even sure what that means and I’ve been doing this for 25 years.
For some time, informal diversion was available only in Los Angeles County, but that statute lapsed. Under the new law, Judicial Diversion is available anywhere in the State. Many different types of cases are eligible with the main exception being domestic violence. And, if you get Diversion, what you don’t get is: A conviction, a guilty plea on your record, probation, or any of a litany of other potential punishments associated with a conviction.
If you have questions about diversion, or any other criminal matter DUI matter, or if you want a free case evaluation, call me:
Attorney Jeffrey Vallens (818) 783-5700 or (888) 764-4340 or email me at: vallenslaw@yahoo.com
I look forward to meeting you and doing my best to get your case dismissed too!
Please visit my sites for more information:
www.4criminaldefense.com or www.westlakecriminaldefense.com