Pretrial Diversion in Los Angeles

Pretrial Diversion in Los Angeles

Hey there! If you got arrested for a crime in LA, you might be able to do a pretrial diversion program. These programs let you avoid jail time and get the case dismissed if you finish treatment classes and stay out of trouble. Sounds pretty good, right? Keep reading and I’ll explain everything you need to know about pretrial diversion in LA.

What is pretrial diversion?

Pretrial diversion lets people with minor crimes get their charges dropped if they complete certain requirements like going to counseling or doing community service. It’s a way to give people a second chance without giving them a criminal record.

There are a few different pretrial diversion programs in California law:

• Drug diversion – for drug possession charges
• Mental health diversion – for crimes related to mental health issues
• Military diversion – for current or former military members

The main benefit of pretrial diversion is getting the charges dismissed. This means you avoid having a criminal conviction on your record. Your arrest record also gets sealed, like the crime never happened!

How does pretrial diversion work?

Each pretrial diversion program has its own rules and process, but they work similarly:

1. You apply and see if you qualify based on the requirements
2. If approved, you plead guilty or no contest to the charges
3. The judge suspends the criminal proceedings while you do the program
4. You complete counseling, treatment, community service, etc.
5. Once you finish everything, the charges get dismissed

It usually takes about 6-12 months to complete pretrial diversion. The whole time, you have to stay out of trouble and follow the program rules. If you mess up, you can get kicked out of the program and prosecuted normally.

What are the requirements?

The main requirements for pretrial diversion in California are:

• It’s your first offense – no prior convictions
• The crime can’t be too serious – no felonies or violent crimes
• You have to admit guilt and take responsibility
• You complete all the program conditions (counseling, classes, etc.)
• You stay arrest-free during the program

For drug diversion specifically, you can only have charges for simple drug possession – no intent to sell. The drugs also can’t be heroin, PCP, or meth. Other requirements depend on the specific program and local courts.

How do I apply for pretrial diversion?

Applying for pretrial diversion takes some legal maneuvering. Here are the key steps:

1. Hire a criminal defense attorney – they know how to navigate the process
2. Review the case and see if you qualify for any diversion programs
3. File a formal request with the court and prosecutor’s office
4. Negotiate with the prosecutor and convince them you deserve diversion
5. If approved, plead guilty/no contest and enter the diversion program

Having an experienced attorney is really important. They can advocate for you and handle all the paperwork. Prosecutors know and trust some attorneys more than others too.

What are the pros and cons?

Pretrial diversion has a lot of benefits if you qualify, including:

• Pro: Charges get dismissed and record sealed
• Pro: Avoid jail time and probation
• Pro: Get help through counseling and treatment
• Pro: Shows you’re committed to self-improvement

There are some potential downsides too:

• Con: Have to plead guilty first before entering program
• Con: Requirements can be demanding and strict
• Con: One mistake means you get kicked out
• Con: Prosecutors don’t always approve diversion requests

Overall, pretrial diversion is an excellent opportunity if you qualify. Completing the program and getting charges dismissed is worth the temporary hassle for most people.

Success stories

Pretrial diversion changes lives when people take it seriously. Here are some examples of success stories in LA:

Jamal, 24, got arrested for drug possession after cops found weed in his car. Thanks to pretrial diversion, Jamal got counseling for his drug use. He has been clean for over a year now and is applying to colleges.

Maria, 32, had a mental health crisis and got charged with petty theft. Mental health diversion helped her get diagnosis and treatment for bipolar disorder. She now volunteers to help other people with mental illnesses.

Tyler, 19, was caught shoplifting food when he was homeless. Pretrial diversion let him do community service at a food bank instead of jail. He is now working and has his own apartment.

As you can see, pretrial diversion gives people a chance to improve their lives for the better!

Get legal help

Dealing with criminal charges is scary. But programs like pretrial diversion give you hope. Connect with a skilled defense attorney to see if you qualify and apply. With the right legal help, you can put this mistake behind you for good!