WHEN CAN YOU REQUEST MENTAL HEALTH DIVERSION?

Penal Code §1001.36 allows the judge to grant diversion to a defendant, however, it is silent as to when the defendant must request they be placed in a diversion program. Generally, a diversion program is considered a pre-trial issue that can prevent the case from even going to trial. However, as recently as March 2, 2021, the Third District Court of Appeals determined that a defendant can request a Mental Health Diversion at any time before a judgement is entered.

People vs. Curry

In People v. Curry (2021) a defendant charged with robbery had waited until the trial was over, but before judgement, was entered to request Mental Health Diversion. The lower court had denied the defendant’s motion claiming that he did not timely file the motion because it was considered a pre-trial motion. The Court of Appeals found that the trial court acted improperly in denying the defendant’s motion as untimely, concluding that a defendant can file a motion for Mental Health Diversion at any time before the trial court enters a judgement of guilt in the case. 

Contact Wallin & Klarich Today

 If you are facing a criminal conviction and you think you may be eligible for a diversion program, you should contact Wallin & Klarich immediately and schedule a free phone consultation.

There are strict eligibility requirements for diversion programs, and hiring an experienced attorney is imperative as they have the knowledge to argue that you may qualify to motion for a Mental Health Diversion. 

With offices in Los Angeles, Torrance, Tustin, San Diego, Riverside, San Bernardino, West 

Covina and Victorville, there is an experienced Wallin & Klarich DUI defense attorney near you, no matter where you work or live. 

Call us today at (877) 4-NO-JAIL or (714) 386-7333 for a free phone consultation. We will be there when you call.