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Misdemeanor Judicial Diversion PC 1001.95

On January 1, 2021, California Penal Code section 1001.95, also known as Judicial Diversion, became law that allows a Judge to grant Judicial Diversion to those charged with misdemeanors that are eligible and would benefit by the law, despite any objection from the district attorney. If the person successfully completes the terms of the Judicial Diversion as set by the Judge, then the Misdemeanor case and charges will be dismissed.

James M. Taylor Law Offices have been very successful in getting grants of Judicial Diversion from the court based upon well written and well-argued Judicial Diversion Motions. My clients were able to get their lives back with no criminal convictions on their record and a showing that their misdemeanor cases were dismissed in the Court Minutes after completing all conditions required by the court, making full restitution (where absolute necessary), and complying with any other court orders.

Some of the conditions set by the court could be up to 2 years of court supervision, classes-Anger Management, Domestic Violence, Parenting, Life Skills, Victim Impact, Drug, paying any restitution to the victim. Once everything has been completed and all conditions complied with, there will be a court hearing to show compliance, then the case will be dismissed.

California Penal Code section 1001.95:

(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge's discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.
(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant's specific situation.
(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.
(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.
(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:
(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.
(2) Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.

 

California Penal Code section 1001.96:

A defendant who is diverted pursuant to this chapter shall be required to complete all of the following in order to have their action dismissed:

(a) Complete all conditions ordered by the court.
(b) Make full restitution. However, a defendant's inability to pay restitution due to indigence shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.
(c) Comply with a court-ordered protective order, stay-away order, or order prohibiting firearm possession, if applicable.

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