Diversionpretrial diversion

Will Pre-Trial Diversion Cause My Charges To Be Dropped?

By August 25, 2020 No Comments

There are alternative forms of recovery available to those accused of a crime in California. It is important to determine their applicability to your criminal matter. John Patrick Dolan has over forty years of experience working to help his clients obtain the best resolution possible when freedom and reputation are at stake.

The California criminal justice system offers two primary types of diversion. The obvious question related to diversion is whether it will cause a defendant’s charges to be dropped. Defendants who complete diversion will have their charges dismissed and sealed.

Defendants charged with nonviolent misdemeanors related to controlled substances may have an offense diverted from the criminal justice system through California Penal Code § 1000, which requires the defendant to complete a regimen of courses and programs related to drug treatment. Defendants who suffer from mental illness and are charged with a crime may seek diversion through California Penal Code § 1001.36.

Diversion programs under PC § 1000 help the criminal justice system avoid expending valuable resources such as time, money, and labor on minor drug crimes. Diversion programs also represent a positive move forward in society’s recognition that its members should not be punished for nonserious, misdemeanor drug offenses, especially when it is an individual’s first transgression. In the past, criminal convictions for such offenses had long-term negative effects on offenders.

Defendants who complete either type of pretrial diversion program will have their charges dropped. Success means completing all the conditions of the treatment and education program for the length of the program. Upon completion, the arrest will be dropped from the individual’s criminal record.

Defendants who complete diversion do not have to admit the criminal arrest on a job application. Law enforcement and certain agencies may be the only parties that may access a defendant’s pretrial diversion arrest.

John Patrick Dolan defends those Californians charged with criminal offenses but he also helps them find the road to recovery through diversion programs and other available programs. Mr. Dolan has over forty years of experience helping well-intentioned Californians move forward from their criminal past and make lasting contributions to the Coachella Valley as valued members of the community. Call the Dolan Law Firm today at (760) 775-3739 or find out more online here.

Will Pre-Trial Diversion Cause My Charges To Be Dropped?

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