Diversion in Los Angeles: Avoid a Criminal Conviction

Dedicated Criminal Defense Lawyer in Los Angeles

There are several ways that your lawyer can help you to avoid a conviction.  Getting a weak case dismissed, winning a case at trial, or even convincing the prosecuting attorney to never file charges, are all important parts of criminal defense work.  This is why you need a lawyer who can keenly assess your case and devise the best strategy to keep your record clean.  When there is ample evidence of guilt, but other mitigating factors exist (most commonly, being afirst time offender), diversion is a good option.  A diversion program not only helps defendants in criminal cases to avoid jail time, but also allows defendants to avoid a conviction, keeping their records clean.  If you are facing criminal charges, and want to do everything you can to avoid a harmful conviction, contact the Law Offices of Nicholas Loncar for a free consultation.  We can go through the different diversion procedures, as well as dig into the defenses you might have in your case.

LA COUNTY PILOT DIVERSION PROGRAM
LA County's jail overcrowding has led many efforts to keep the jail population down, and keep less serious offenders out of custody.  In 2015, AB 2124 passed (codified as PC 1001.94) allowing for judicial discretion in certain cases, using formal pre-trial diversion.  Previously, for diversion to be granted in most cases, it was necessary for the prosecution to grant it.  Now, at least in Los Angeles, if the prosecution is unwilling to give a defendant a break, the judge can still grant it.  Judges generally lack the authority to dismiss charges from a complaint; this law gives them additional discretion and your lawyer can use the new law to your advantage.  Diversion has existed in California for some time for first time drug possession offenses (discussed below).  The program is now available to more people in LA, but getting diversion granted takes familiarity with the law and court procedures.  Consult with a Los Angeles Criminal Defense Attorney now.
UPDATE:  The pilot period for this diversion program ended, and it was passed permanently under PC 1001.95.  Judges may now, even over an objection from the prosecutor, grant a period of diversion.  More about Judicial Diversion

LOS ANGELES INFORMAL DIVERSION
Even better than formal diversion, informal diversion requires effective negotiation with the prosecuting attorney, getting them to agree to either (1) hold off on filing a matter or (2) dismiss a matter without any admission of guilt at any stage.  This has unique benefits for certain processes like immigration, professional licensing and employment.  If you have been arrested, or charged with a crime and must avoid a conviction, you need a passionate, courageous defense attorney to get into court and argue and negotiate on your behalf.  Informal diversion is not easy to get, but the results are often the best possible outcome for criminal defendants.

LOS ANGELES DRUG DIVERSION
As I touched on above, drug diversion has been available in California for years.  Pursuant to PC 1000, first time drug possession offenders are eligible to participate in a drug treatment program, then have their case dismissed after 18 months.  While on the program, defendants' cases remain open, and they must avoid any new criminal charges during that period.  It is also important to complete the drug treatment program, which requires weekly attendance.  Prior to the passage of California's Prop 47, many drug possession offenses, even for personal use, were felonies.  With the passage of Prop 47, drug possession offenses are misdemeanors, but avoiding the conviction with PC 1000 is a huge advantage.  Prop 36 is another drug program to help defendants charged with possession offenses avoid jail time.  Unfortunately, Prop 36 drug treatment does not result in a dismissal.

UPDATE:  MENTAL HEALTH DIVERSION
Since the original writing of this article, the legislature has passed a mental health diversion law, permitting many criminal defendants whose crimes are related to a mental illness to avoid a conviction by participating in a treatment program.  Similar to drug diversion, a person can avoid a conviction in exchange for cooperation with treatment.  More on Mental Health Diversion

A criminal conviction can have very serious consequences, making it difficult to find a job, become a citizen, get into educational institutions, and obtain professional licensing.  If you or a loved one has been arrested or faces criminal charges, there are ways to avoid the negative consequences.  Call the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Lawyer.  213-375-3775.

---

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule