What is "Diversion" in Criminal Cases?

Criminal defense attorney Michael Becker explains diversion programs that offer defendants to take drug and alcohol rehabilitation and/or mental health counseling instead of taking their case to the court system.

More info at https://www.shouselaw.com/ca/blog/what-is-diversion/ or call (866) 361-0010 for a free consultation.

In the state of California, certain qualifying defendants may be eligible to enroll in a diversion program instead of facing a judge and a possible criminal trial. Diversion programs are intended to address underlying issues that may cause a defendant to commit crimes. The state hopes to address the underlying issue, such as a drug addiction, an anger problem, or a mental health disorder, with the intent of helping the defendant to overcome their problems and reduce the rate of recidivism in our county jails and state prisons.

Every jurisdiction in the state has different requirements for who exactly can qualify for diversion programs. However there are some commonalities amongst most courts. For instance being a first-time offender is almost always a requirement to qualify for a diversion program. There is also a California diversion program for current and former military veterans. But most diversion programs are in place to treat either low-level drug and alcohol related crimes, or crimes in which the mental health of the defendant played a key factor.

Therefore almost all diversion programs include a course of drug/alcohol classes, drug/alcohol rehab, or mental health counseling sessions. But there may be many other requirements of diversion depending on the exact case. For instance some diversion programs include a promise to repay all victims of the crime via victim restitution. Other diversion programs include things like community service, keeping a curfew, taking adult education classes, and/or passing drug tests.

Once a defendant fully completes their diversion program as mandated by the judge or local jurisdiction, then their case gets completely dismissed, and they will have no criminal record. This is a huge benefit because it allows the defendant to move on with their life. After a successful diversion program, defendants do not have to disclose the criminal case to potential employers during criminal background checks.

The potential downside of agreeing to a diversion program, is that if you fail to complete the program, then you would be remanded back into custody, and face a potential conviction and jail time.

That's why it's mandatory that anyone who has been arrested and charged with a crime, and thinks that they may be eligible for a diversion program, needs to immediately contact a skilled and experienced criminal defense attorney. Only a qualified attorney can let you know whether you could possibly enter a diversion program, and whether a diversion program would be your best hope, or whether maybe the case could be taken to trial and won without the need for diversion.

For further information on diversion programs, please check out our web page and video on mental health diversion https://www.shouselaw.com/ca/defense/penal-code/1001-36/ and our web page and video on drug diversion https://www.shouselaw.com/ca/defense/penal-code/1000/ and our video and web page on California Veteran's Court https://www.shouselaw.com/ca/defense/veterans-court/

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

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