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What is a Diversion Program?

 A diversion program is a sentencing alternative for low-level first-time criminal offenders that allows them not only to stay out of jail but also to keep a clean criminal record if they complete the diversion program successfully. Diversion programs are based on the idea of rehabilitation of first-time offenders. They seek to deal with the root cause of criminal behavior with an eye towards stopping any repeat behavior.

These programs look to save harsh punishment as a consequence and threat for further and continued criminal behavior. In many instances, one trip through the criminal justice system is enough of a scare for people to never want to re-offend or find themselves in the same position again. That continued fear of worse punishment is part of the idea behind the success of diversion programs. There are a variety of diversion programs that exist across the state, and many that are specific to certain counties.

 What Types of Diversion Programs Exist in Los Angeles County?

 The four most popular diversion programs that exist for Los Angeles County criminal cases are as follows: 

• Drug Diversion: This diversion program is reserved for non-violent offenders who are charged with the simple possession of drugs. You don’t actually have to plead guilty to enter the program, but you do have to waive your rights to a speedy preliminary hearing and your rights to a jury trial. If you fail to complete the program, you will be entitled to have your case tried by a judge. There are a number of requirements to enter the drug diversion program including having no felony convictions in the past five years as well as the drug crime itself not having any allegations of violence. 

• Juvenile Diversion: This diversion program is reserved for minors who commit their first crimes. Juveniles are required to first plead guilty to the offense before being enrolled in this ‘deferred entry of judgement’ program. This program will last between 1-3 years and will result in the dismissal of the charges if and when the juvenile completes the program successfully. The types of cases eligible for juvenile diversion include trespassing, shoplifting, vandalism, and possession of marijuana. 

• Mental Health Diversion: This diversion program is reserved for people who suffer from mental health issues which caused them either directly or indirectly to commit a crime. The court will have to examine the defendant to see what type of mental health issue he or she suffers from. The court will further look to see how significant of a role the mental health issue played in the commission of the crime alleged. The defendant will have to accept being placed in the diversion program and will have to agree to abide by medical recommendations. 

• Military Diversion: This diversion program is reserved for active-duty members or veterans of the United States military who suffer from mental health issues such as PTSD, substance abuse, or other mental health problems. Court proceedings are halted until the defendant has completed the required programs. Eligible veteran or active-duty members of the United States military can enter the military diversion program for misdemeanors such as drug possession, DUI, and assault and battery. Criminal charges are dismissed and sealed when a defendant successfully completes the military diversion program. 

People who are directed to complete these programs will be required to be on probation, drug and alcohol test, do community service, along with any other requirements from the probation department or the judge. 

Does My Case Qualify for a Diversion Program? 

There is a lot of legal information available online in a seemingly unlimited number of places. Finding a resource such as this can be helpful to understand what diversion programs are generally, and what types are most common in different areas. Your case, however, is unique and requires a proper assessment by an experienced Los Angeles County criminal defense lawyer in order for you to fully understand your legal options. To find out if your case qualifies for a diversion program in Los Angeles County, give us a call today at Greco Neyland for a free legal consultation.   

Contact Us for a Free Consultation 

If you are facing the possibility of criminal charges in Los Angeles or have already been charged, then it is important to seek the advice of an experienced Los Angeles criminal defense lawyer. At Greco Neyland, we are proud to offer FREE consultation to anyone facing potential criminal charges.

If you are looking for a candid evaluation of your criminal case, then our attorneys are available for you now. Contact us anytime at (713) 972-1100. The advice from us is free, and any conversations will be protected by attorney-client privilege even if you decide to hire another attorney. Take the first step towards freedom by calling Greco Neyland today.