There is a new misdemeanor diversion program in LA County pursuant to Penal Code Section 1001.94. You have to be charged with a crime in any court in LA County. This is a program where if you complete all the requirements set by the court you may get your case dismissed on your next appearance date (proof of completion date, generally a year). This is a motion that can be done by your attorney and the court can grant you the diversion program over the prosecutors objection. However, there are two elements to be met by your attorney in order to be able to get the misdemeanor diversion. They are: 1) Eligibility and 2) Suitability
For the first element you must be eligibility. The eligibility are as follows:
-Not been convicted of a prior felony
-Not been convicted of a prior misdemeanor involve force or violence
-Has not been convicted of ANY prior Misdemeanor in the last 10 years.
-Has not had a deferred entry of judgment before.
-The crime you are not charged with does not have a mandatory jail time.
-The charge is not a 290 offense, domestic violence, elder abuse, DUI, or vehicular manslaughter.
-The charge does not include any of the following: Force or violence of a peace officer, dangerous weapon, gang allegations, victim is a minor, and environmental or workplace safety crime
Now if you meet the requirements for the “Eligibility” element then now you can argue that you are also a Suitable person to be granted the diversion.
Suitability just means you are the type of person that can be rehabilitated by attending this program. Such as you have a steady job, you are going to school, you support your family or children. Your plans for the future, any training or education you received, any 12-step or religious affiliations you have. Once the court has made the decision you have met both elements then the court may grant you the diversion program over the prosecutors objection.