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Did You Know You May Be Eligible To Have Your California Misdemeanor Charges Dismissed?

05-10-2016


“Pretrial Diversion” is the procedure of postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication.  

This is a powerful tool that your San Diego Criminal Defense Attorney would be able to use to be able to convince the prosecution to either temporarily or permanently stop the prosecution of the case against you. Usually your criminal defense attorney and the prosecutor would agree that you be placed in a pre trial diversion program (such as a drug treatment program) or any other program that would be beneficial to you considering the charges that the prosecutor has already charged or is planning to charge you with.
 

To qualify for this type of misdemeanor diversion the following criteria need to be met:       

  • Your record does not indicate that probation or parole has ever been revoked without thereafter being completed.      
  •  Your record does not indicate that you have been diverted within five years prior to the filing of the accusatory pleading which charges the divertible offense.
  •  Your record does not indicate that you have been diverted within five years prior to the filing of the accusatory pleading which charges the divertible offense.    
  • You have never been convicted of a felony, and have not been convicted of a misdemeanor within five years prior to the filing of the accusatory pleading which charges the divertible offense.     
Certain criminal charges do not qualify for the pre trial diversion program. These charges include:        
  •  Charges for which incarceration would be mandatory upon conviction of the defendant;       
  •   Charges for which the defendant would be required to register as a sex offender;       
  •    Charges which involve the use of force or violence against a person, unless the charge is for a violation of penal code 241 or 243 (simple assault or simple battery);
  •   Charges for which the granting of probation is prohibited; or       
  • DUI or Driving under the influence of drug charges.   
If you or a loved one is under investigation or has been charged with a crime contact our office for your free case evaluation, we will assure you that we will do everything it takes to get the best result possible for you. 


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