If you’ve been accused of an offense in California, you might worry about how a criminal record could follow you for life.
Facing court can feel overwhelming, especially if it’s your first time. That’s where the Pretrial Diversion Program comes in.
Instead of moving through traditional criminal justice processing, this program gives certain people a chance to address the issue outside of a regular conviction. It can mean counseling, classes, or treatment instead of fines and jail time.
What Is a Pretrial Diversion Program?
A Pretrial Diversion program is an alternative to traditional prosecution. Rather than going to trial, qualifying defendants are afforded the chance to partake in a program tailored to their situation. Most pretrial diversion programs utilize rehabilitation and accountability instead of punishment.
For example, for someone charged with a nonviolent offense, they may receive classes, counseling, and/or community service.
The diversion program serves as a corridor to mitigate criminal behavior and a ship’s anchor to formulate better decisions for their future.
Upon successfully completing the program, the defendant’s charges are dismissed and they won’t have the albatross of a conviction on their record.
Pretrial Diversion Program in California
California has its own structure for these programs, and it varies by county. Generally, pretrial diversion applies to low-level, non-violent cases. Some programs focus on mental health treatment, while others are designed for drug-related charges.
One important point is that participation is voluntary. A judge must approve the request, and the defendant has to agree to all conditions. Once accepted, the individual must stick to the requirements laid out, or risk being sent back through the traditional court process.
How Does the Pretrial Diversion Process Work?
If you’re asking yourself, “what is a pretrial diversion program?”, here is a look at the process step-by-step:
Screening Process
The court reviews the case to see if the defendant qualifies. This may include reviewing the nature of the offense and any prior record.
Agreement to Participate or Not
If eligible, the defendant will agree especially to enter into a specific diversion PTD program that may require attending drug treatment, therapy or classes depending on the conditions of their charges.
Supervision or Monitoring
The court office or supervisor of the program is involved in monitoring progress within the program. This could include periodic court appearances with updates or periodic documentation to prove completion.
Program Completion
Upon reviewing the results in the earlier process, if the defendant successfully completed the process, charges are dismissed and a limitation is placed on their record.
Non-Compliance
There are potential consequences for not complying with the program. In this situation, if the individual did not comply with the requirements, the case would be returned to the court and prosecution or violations of probation would occur.
This process is designed to allow a reasonable opportunity while keeping the individual accountable.
The pretrial process will assess psychiatric disabilities, and mitigate the conditions to receive treatment without the marks of a conviction that may follow them with employment, housing, education or other important matters.
Who Qualifies for a Pretrial Diversion Program? Conditions and Requirements
Not every case is eligible for pretrial diversion programs in California. The law clearly specifies conditions for how to protect society while still allowing individuals a second chance.
Type of Offense
Typically limited to non-violent misdemeanors or select drug offenses. Rarely, felonies apply.
Defendant’s Record
First offenders typically qualify. If you have a long criminal history of convictions, you will likely be denied.
Victim of Crime
If the offense was directly experienced by the victim, the court will seek the victim’s opinion before granting diversion.
Participation
The defendant must show a willingness to participate in counseling, classes, or treatment.
Certain counties have pre-trial diversion program options for veterans or individuals with diagnosed mental health disorders. These types of diversion programs tend to focus on treatment and long-term service instead of punishment.
Benefits of Successfully Completing a Pretrial Diversion Program
The benefits of diversion programs are obvious and meaningful:
- No Record – Successful completion of the program, a conviction will not appear on your criminal record.
- Focus on Rehabilitation – Programs are designed to correct behavior, not just punish it.
- Less Casework for Courts – These programs allow resources in the justice system to be allocated to more serious offenses.
- Support for Recovery – For the defendant involved with drugs or mental illness, diversion certification provides support to develop continued stability in the long run.
Upon successful completion of the program, the defendant is back on track in life. The defendant avoids a multitude of long-lasting implications associated with a criminal conviction, such as restricted career path choices or restricted housing options.
If you are seriously considering this path, we recommend you do it with assistance from an experienced Los Angeles criminal defense lawyer.
An attorney can assist you in determining eligibility, navigating the court process, and protecting your rights and advocating for you completely.
Why California’s Pretrial Diversion Programs Are Important
The Pretrial Diversion Program is more than a legal path—it’s an opportunity for genuine transformation.
It acknowledges that mistakes are part of the process and that individuals should have the chance to remedy those mistakes in their lives, without lasting stigma.
With the proper elements in place, many people who take part in these programs are able to change the trajectory of their lives, declining further involvement with criminal activity and being a positive influence in their community.
References
- California Courts. (n.d.). California pretrial release program.
- Shouse Law. (n.d.). Detailed explanation on California Penal Code § 1000 drug diversion program.
- Shouse Law. (n.d.). Overview of pretrial diversion programs in California including mental health and drug diversion.
- Los Angeles Criminal Lawyer. (n.d.). Pretrial diversion in Los Angeles: programs and details.
- San Francisco Pretrial. (n.d.). Pretrial Diversion Project overview.
- Immigration Legal Resource Center. (2018, January). California pretrial diversion program for minor drug charges including legislative background.