There are unfortunate times where one may find themselves facing a criminal charge in Orange County. The good news, is that there are certain categories of crimes which can be eventually be dismissed through a process called “Diversion”. This process is available dependent on the type of crime being alleged, and what the individual being charged criminal history is.
WHAT IS DIVERSION
Diversion is a process in which a person being accused of a crime pleads guilty to the crime. The person is NOT SENTENCED AT THE TIME THEY PLEAD GUILTY. In CA, in order for someone to be “convicted” of a crime (meaning it is on their record)- they have to have 1- pled guilty, or be found guilty by a jury; and 2- have been sentenced. With Diversion a person pleads guilty but is not sentenced. They are then given a period of time where they are to participate in some sort a class or perform some sort of service, and to stay out of trouble. After a given period of time, the individual will come back to court and if they did what they were supposed to do- the case is then dismissed!!
WHAT KIND OF CRIMES QUALIFY FOR DIVERSION?
Unfortunately there is only one type of felony that qualifies for Diversion and that is felony drug possession. Also, almost all misdemeanor drug cases will qualify for Diversion. This Diversion is specifically called PC 1000. A person who qualifies will plead guilty a take a 6 month drug treatment and testing class. After completing the class, the person comes back to court 12 months later and if no new law violations occurred, the case is dismissed.
Petty Theft, Traffic, and other Minor Cases:
There are other cases, such a petty theft, vandalism (where the damage was less than $400), and minor traffic misdemeanors like driving on a suspended license (non-DUI related suspension), etc; where the District Attorney could offer diversion. This usually consists of providing to the Orange County DA’s Office a DNA sample and then attending a class. After 90 days once those two things are done; the individual comes back to court and has their case dismissed.
At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help with getting you Diversion when charged with a qualifying crime. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.