How AB 2124 Affects Your Case in Los Angeles
Recently, Gov. Jerry Brown signed Assembly Bill No. 2124 into California law. AB 2124 calls for Los Angeles County to develop a pilot program to allow a superior court judge to delay the entry of a defendant’s guilty plea and defer sentencing for first misdemeanor offenses for up to one year.
What Exactly Does AB 2124 Do?
On Jan. 1, 2015, Los Angeles County will establish a pilot program that gives superior court judges discretion to offer those who have committed misdemeanor offenses diversion as a way to resolve the case.
Essentially, diversion is a form of delayed entry of judgment or delayed entry of plea. If the judge allows a defendant a diversion, the defendant may be allowed to complete a program that may include attending a treatment program or self-help course. Once the program is complete, a defendant may return to court to have his plea withdrawn and the case dismissed.
Limitations to AB 2124
Not all misdemeanors are eligible for the diversion program. Misdemeanors that are not eligible for LA County’s new program are DUI cases, sex offenses, violent offenses, crimes committed by people who have prior convictions for any offense involving force and any person who has been offered diversion in the past.
Additionally, a key aspect to the new diversion program is that it is based on the judge’s discretion. A defendant may need to present his case to a judge and show why he/she should be allowed the opportunity to participate in a diversion program. Even if a defendant is able to convince a judge that he/she deserves the diversion program, a judge has the discretion to specify conditions of diversion.
Finally, the bill will expire in 2020 unless it is extended by new legislation.
Exclusions under AB 2124
As mentioned above, not all misdemeanors will be eligible under the diversion program.
You will not be able to get a deferral of sentencing for any of the following reasons:
- You were convicted of any misdemeanor within the last 10 years
- You were convicted of a misdemeanor involving force or violence
- You were convicted of a felony
- You previously had a deferred sentence
- It is mandatory for you to go to prison after a conviction
- You are required to register as a sex offender
What if You are Facing Charges in Orange County?
AB 2124 only affects Los Angeles County, thus, those facing misdemeanors in Orange, Riverside, San Bernardino, San Diego and Ventura counties are not afforded the opportunity to participate under this new law. However, many courts in other counties have specific diversion programs that may be available in your case. This is why you need to speak to an experienced attorney at Wallin and Klarich who is familiar with all of the possible diversion programs in the court where your case is pending.
Call a Criminal Defense Attorney Right Away
If you are facing charges in LA County, contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled team of attorneys has been successfully defending clients facing criminal charges for over 40 years. Our knowledgeable attorneys can help you now.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, and Ventura, there is an experienced Wallin & Klarich criminal attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
