Diversion stops all court proceedings. During the stop, the defendant must complete classes or programs, pay restitution for damages, and follow all other court orders. If the defendant successfully completes those requirements, the judge will dismiss the case and in some cases will deem that the arrest never occurred.

Types of Diversion

Military

Under Penal Code section 1001.80, military veterans may receive treatment and other services and may be able to dismiss their case, reduce felonies to misdemeanors, and avoid jail time.

Misdemeanor

Misdemeanor diversion under Penal Code section 1001.95 is possible for most misdemeanor charges. However, it is not available for misdemeanor violations of Penal Code section 273.5 (domestic violence), Penal Code 243(e) (domestic violence battery), Penal Code 646.9 (stalking), or any crime that requires the defendant to register under Penal Code section 290 (sex offender registration).

Mental Health

The Legislature created Mental health diversion when it enacted Penal Code 1001.36 in 2018. The goal of the law is to curtail prosecution against persons suffering from mental health disorders. PC 1001.36 extended diversion opportunities to felony cases provided the defendant meets certain eligibility requirements. 

Prosecutor

Many prosecutors offices already have a misdemeanor diversion program that they offer to defendants facing non-violent misdemeanor charges. Sometimes the prosecutor will offer these programs before they file a criminal case. If the prosecutor files charges, the defendant can negotiate with the prosecutor to be placed into a prosecution diversion program.

Drug

Treatment courts and many other programs are available at courthouses throughout California. Programs include Proposition 36, Penal Code 1000 and Deferred Entry of Judgment (DEJ).

Length of Diversion

Although the length can be up to 24 months, it typically lasts 6 months to one year. For some prosecutor programs, the length is 90 days. However, the defendant can ask the Judge to terminate diversion prematurely once they have successfully completed all conditions and programs.

Terms of Diversion

Terms and conditions are usually crafted to address the defendants charges. For example, the Court might order a defendant charged with drunk in public to attend AA meetings and an alcohol course. For a petty theft charge, the Court could order the defendant to pay restitution for their damages and attend a theft awareness course.

RBX Law is a licensed California criminal defense lawyer.