AB 3234: Judicial Diversion for Misdemeanors

On September 30, 2020, Governor Gavin Newsom took a major step for criminal justice reform by passing AB 3234, allowing judges in misdemeanor cases to offer defendant's diversion, over the prosecution's objection.  Diversion is a process where a defendant is given an opportunity to avoid a conviction in a criminal case, usually in exchange for completing some obligations such as: pay any restitution, perform community service, attend counseling, etc.  The new law will go into effect in January 2021, and will apply to open cases that were filed before that date.  If your or a loved one is currently facing misdemeanor charges, or was recently arrested and must appear in court, contact the Law Offices of Nicholas Loncar to discuss your case, and how you might make the best possible case for diversion.

LINK TO FULL TEXT OF AB 3234

A pilot program of judicial diversion existed in Los Angeles County until 2018, whereby judges routinely would give first time misdemeanor defendants a chance to earn a dismissal of their charges.  Rather than getting criminal records, thousands of people of Los Angeles were able to do community service, anger management, or simply stay out of trouble for a year and then have their charges dismissed.  Prior to this pilot program (end since it ended), a defendant could only get diversion if the prosecuting agency was on board.  A prosecutor's job is to prosecute crimes, and when left to their sole discretion, diversion is more of a rarity.  The passage of AB 3234 will surely result in a greater number of people getting second chances to keep their records clean.  Unlike the pilot program, which was only in Los Angeles, this new form of judicial diversion will be available in every county in California.

Helping people avoid a first-time conviction, through diversion, will greatly reduce criminal recidivism.  The stain of a criminal conviction, as well as the experience of jail time and probation, in many ways, promote the commission of future crimes.  In addition to serving as a ball-and-chain for those motivated to seek employment and schooling, jail and probation put people at odds with their own governments and societies, shunning, rather than accepting with open arms people who have made mistakes.  Diversion is the positive reinforcement option our judges need in order to help motivate offenders to succeed.  Criminal justice reform often focuses on some of the most serious charges, but it is in misdemeanor courtrooms that many the greatest number of people come into contact with the criminal justice system.  How that contact goes can greatly influence the future of offenders, especially youthful and first time offenders.  Guidance and positive reinforcement will do better to quell recidivism than harsh punishment.

Being convicted of a crime can carry very serious consequences.  Even though misdemeanor offenses often do not result in jail time sentences, the conviction or associated probation can have harmful impacts on a person's life and livelihood.  By giving judges greater discretion, the Governor has given defense attorneys another tool with which to protect our clients' liberty and interests.  As with all new legislation, there will be detail left to be ironed out to see exactly how everything will be implemented.  During the Los Angeles pilot program, judicial diversion was limited not to include DUI, domestic violence, certain sex offenses, and was applied only to first time offenders.  At this time, AB 3234 does not have those limitations, although Governor Newsom has already indicated an intention to address DUI offenses in a future legislative session.  Due to heavy lobbying and the dangerous nature of impaired driving, DUI has often been excluded from diversion considerations.

A criminal conviction can have the most disastrous consequences for non-citizens and professional license-holders.  We have previously written about the immigration consequences of criminal convictions.  When discussing diversion, it is very important to note that not all diversions will be the right option when dealing with potential immigration consequences.  For immigration purposes, diversion must be "informal" or "pre-plea" in that the offer of diversion must be extended without the entry of a plea of guilty or no contest.  This is because, although California law recognizes a conviction as occurring at the time of sentencing, Federal law (including immigration law) determines that a conviction has occurred at the time of a plea.  Each defendant and each case are different, making the need for a dedicated attorney on your side invaluable.  Your attorney should not only have the knowledge, experience, and zeal to do a great job, but should also be able to give your case the individual attention it deserves.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR MAY BE UNDER INVESTIGATION FOR A CRIME, YOU NEED A PASSIONATE, AGGRESSIVE, EXPERIENCED CRIMINAL DEFENSE LAWYER ON YOUR SIDE.  CONTACT THE LAW OFFICES OF NICHOLAS LONCAR TODAY FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.  213-375-3775.

RELATED ARTICLES:  Jail Alternatives, First Time Offender Defense, Second Chances, Mental Health Diversion

---

LA County Superior Court
Los Angeles City Attorney
LA County District Attorney

Los Angeles DUI Lawyer
Domestic Violence Lawyer Los Angeles
LA Drug Crimes Lawyer