The term “pretrial diversion” refers to the procedure of postponing prosecution of a criminal offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. (Penal Code Section 1001.1.)
If the defendant is accepted into the pretrial diversion program and performed satisfactorily in diversion, at the end of the period of diversion, the court shall dismiss the defendant’s criminal charges that were the subject of the criminal proceedings at the time of the initial diversion.
A court may conclude that the defendant has performed satisfactorily if the defendant has substantially complied with the requirements of diversion and has avoided significant new violations of law.
California law authorizes diversion programs for specified crimes including:
- for drug abuse under Pen. Code, §§ 1000 et seq.;
- for child abuse under Pen. Code, § 1001.12 et seq.;
- for contributing to the deliquency of another under Pen. Code, §§ 1001.70 et seq.;
- for writing bad checks under Pen. Code, §§ 1001.60 et seq.
Diversion programs for specific types of offenders include:
- for veterans under Pen. Code, §§ 1001.80 et seq.; and
- for persons with mental disorders under Pen. Code, §§ 1001.35 et seq.
Attorneys for Diversion Programs in Ventura, CA
If you are charged with crime, contact an experienced criminal defense attorney in Ventura County, CA, to find out the pros and cons of entering a diversion program.
Entering a diversion program might also cause a problem if you have a license to practice your profession. Professionals facing a licensure issue might include teachers or certified educators, physicians or other health care professionals, lawyers, members of law enforcement or members of the military.
Entering a diversion program in Ventura County, CA, might not be your best option if you are innocent of the charges or if the prosecutor does not have enough evidence to convict you at trial. Before you decide, talk with an experienced attorney.
Jay Leiderman also helps clients rejected from a diversion program because they are later determined not to be eligible, fail to complete the terms, or are arrested for a new law violation.
Call (805) 654-0200.
Types of Diversion Programs in Ventura County, CA
The Superior Court in Ventura County, CA, manages several different types of specialized courts in collaboration with different local agencies and community-based partners. The programs include:
- adult drug court;
- dependency drug court;
- community intervention court;
- domestic violence court;
- elder law court;
- homeless court;
- mental health court;
- insights juvenile collaborative court program;
- venterans court; or
- stand down court.
Collaborative Programs in Ventura County, CA – Visit the California Court website for more information on Collaborative Justice Courts. For example, the Ventura Superior Court manages several different specialized courts in collaboration with several County of Ventura agencies and community-based partners.