Do You Qualify for Judicial Misdemeanor Diversion Pursuant to Penal Code §1001.95? The year 2020 has not been all bad. In fact, during the last year, the California Legislature has amended the Penal Code to allow for judicial diversion for many misdemeanor offenses, even over the objection of the District Attorney.
For those of you who may not know what diversion is, diversion is a program that allows criminal defendants to participate in community service, treatment for drug or alcohol addiction, participation in anger management, gun safety or any other class that may be related to the offense, in exchange for the dismissal of their charge. The court will also determine whether victim restitution is owing to an alleged victim. Restitution is compensation for economic loss to an alleged victim due to the criminal offense. So long as there is successful completion in a judicial mandated diversion for a period not to exceed twenty (24) months, the matter will be dismissed.
There are certain offenses that are deemed not eligible for diversion, however. These offenses are the following:
- Any violation that requires registration as a sex offender pursuant to Penal Code §290;
- Violation of Penal Code §273.5 – Corporal injury to a current or former spouse, co-habitant or child’s parent;
- Violation of Penal Code §243(e)(1) – Domestic Battery;
- Violation of Penal Code §646.9 – Stalking.
While misdemeanor Driving Under the Influence charges was contemplated as a criminal charge eligible for diversion under Penal Code §1001.95, there are plans to amend the statute to disallow diversion for DUI offenses. Recently, the California State passed AB-282, which disallows DUI offenses under judicial diversion.
The process to become eligible for judicial diversion typically requires multiple court appearances, as well as, law and motion work. Contact us today at (909) 771-2304, to see if we can assist you with your case.
Bullard & Powell provides legal services to residents in San Bernardino, Inland Empire including Victorville, Apple Valley, and Riverside area.