Blog
An Overview of Diversion Programs in Sacramento
Contents
An Overview of Diversion Programs in Sacramento
Hey there! If you got arrested for a crime in Sacramento, you might be wondering if there’s a way to avoid having a conviction on your record. Well, you’re in luck – Sacramento offers a few different “diversion programs” that can help with that. Basically, these programs give people a chance to have their charges dropped if they complete certain requirements like classes, community service, etc. The idea is to give folks a second chance and encourage rehabilitation instead of just punishment. I did some research on the main programs they offer here so you can see if any might be a good fit for your situation.
PCDP – Pre-Trial Drug Diversion Program
This one’s for folks facing drug possession charges for the first time in Sacramento County. It’s a 6 month program – you plead “no contest” to enroll, meaning you don’t admit guilt but acknowledge there’s enough evidence for a conviction. During the program you have to:
- Complete a drug education class
- Pass random drug tests
- Pay program fees
- Stay out of trouble (no new arrests)
If you finish everything successfully, your charges are dismissed and arrest record sealed. But if you don’t complete the requirements, you’re back to dealing with the criminal court process. PCDP is only for simple drug possession – no sales or trafficking charges. And you can’t have any previous convictions or diversions on your record.
DEJ – Deferred Entry of Judgement
DEJ is another option for first-time, non-violent drug offenders in Sacramento. It’s also a 6 month program and requires similar conditions as PCDP:
- Drug education classes
- Random drug testing
- Program fees
- No new arrests
The difference is DEJ is technically still a guilty plea – you plead guilty upfront but entry of judgement is deferred as long as you complete the program. Charges are dismissed and record sealed upon successful completion. DEJ may be an option if you don’t qualify for PCDP for some reason.
MIP – Minor in Possession Diversion
Underage drinking charges? This one’s for you! The MIP pre-trial diversion program gives those under 21 years old busted for alcohol possession or consumption a chance to avoid conviction. Like the others, it requires:
- Completion of alcohol education classes
- Random testing
- Payment of fees
- No new arrests
One catch is that for MIP, you have to prove the alcohol offense was isolated and not part of a pattern of abuse. But if approved and you complete the program, charges dismissed and record sealed, woohoo!
PC 1000 – Drug Diversion
This one’s another option for drug possession charges. The requirements are basically the same as the pre-trial diversions:
- Drug education class
- Testing
- Fees
- No new arrests
The difference here is that PC 1000 happens after a guilty plea. So you plead guilty first, but sentencing is deferred as long as you complete the program. Upon completion, the guilty plea is withdrawn and charges dismissed. One downside is it can only be used once in your lifetime.
How Do I Apply for Diversion?
If you think you might qualify for one of these programs, let your attorney know ASAP so they can get the ball rolling. The prosecutor has to agree that you’re eligible before the court will grant diversion. Your lawyer will petition and file the necessary paperwork. Make sure to be completely open about your history so they can give you accurate advice!
What About Other Types of Charges?
Unfortunately diversion isn’t an option for more serious charges like felonies, DUIs, domestic violence, etc. Each program has eligibility criteria based on the type of offense and your criminal history. But for first-time misdemeanors like drug possession, theft, and underage drinking, it could be your ticket to avoiding conviction. Your lawyer is your best resource for figuring out if you qualify.
The Bottom Line
Diversion programs give people the chance to earn a clean slate by completing court-mandated requirements. If you’re facing minor charges in Sacramento for the first time, see if you might be eligible. But remember – you gotta put in the work and stay out of trouble! It’s not an easy way out but could be worth it to keep your record clean. Let me know if you have any other questions!