What does a Diversion Program Look Like in California?
Depending on the circumstances, a criminal conviction in California does not always lead to a jail or prison sentence. In certain situations, you may be able to avoid jail or prison by agreeing to participate in a diversion program. It is important to understand that not every defendant will be eligible to participate in a diversion program. The court will look at whether you have had any prior offenses as well as look at the type of crime that has been committed.
These are the types of situations where it is helpful to have a qualified defense attorney on your side. Lynn Gorelick has represented clients charged with crimes in the Bay Area for more than 30 years and understands how to negotiate with the judge regarding the possibility of a diversion program.
How do California Diversion Programs Help?
One reason why diversion programs were created was to help those suffering from addiction overcome and work through their issues. Many believe that these kinds of programs are more beneficial than just putting the individual in jail. Diversion programs will offer both treatment and counseling. Offenders are therefore given the tools they need to avoid committing crimes in the future.
One diversion program is known as Proposition 36. According the guidelines associated with Prop 36, non-violent drug offenders and second time simple drug offenders can agree to attend a drug treatment program as part of their probation. This will be instead of going to jail. Once the offender has successfully completed the program, his or her charges will be dismissed. Judges determine whether an offender is eligible for the program on a case-by-case basis.
What is Drug Court in California?
Another program is known as Drug Court. Here, this program requires offenders to submit to random drug testing, daily counseling, progress reports with a judge, and required attendance at a 12-step meeting. If the offender is able to successfully complete the program, his or her charges will be dismissed.
Penal Code 1000
This diversion program is set aside for those who agree to meet once a week for four months. Similar to the other diversion programs, the charges will be dropped if the individual completes the program and does not get charged with any other offenses within the period of diversion.
Contact an Attorney After Being Arrested in the East Bay
If you have been arrested and subsequently charged with a crime in Alameda or Contra Costa County, it is a good idea to consult with a local defense attorney as soon as possible. Please contact Gorelick Law Offices in order to schedule your free, initial consultation.