DIVERSION: "EARNING A DISMISSAL"

Overview

Diversion is one of the most powerful tools available to resolve a criminal case without a conviction, yet many, if not most attorneys, are completely unaware of the vast extent of diversion options available today. Instead of pleading guilty or going to trial, diversion allows eligible defendants to complete treatment, classes, or other rehabilitative conditions in exchange for dismissal or reduction of charges.

At Jones Trial Attorneys, we regularly negotiate formal and informal diversion agreements for our clients—including military diversion, mental health diversion, judicial diversion, and customized deferred entry of judgment (DEJ) resolutions. Our goal is to help clients avoid convictions, restore their lives, and move forward without the burden of a criminal record.

What Is Diversion?

In California, “diversion” refers to a legal process where criminal proceedings are paused, and the defendant is given the opportunity to complete specified conditions. If completed successfully, the charges are typically dismissed, leaving no conviction on the person’s record.

Diversion options vary by case type, criminal history, and judicial discretion. Some are court-ordered under specific statutes, while others are negotiated informally with the prosecution.

Informal Diversion Agreements (Pre-Plea or Pre-Filing)

In some cases, especially misdemeanors or low-level felonies, our team negotiates informal diversion or pre-plea agreements directly with the district attorney.

How It Works:

• The prosecution agrees to postpone court dates (often 6–12 months)
• The defendant agrees to complete certain conditions, such as:
• 
  
  • Anger management or substance abuse classes
  • Community service or charitable contributions
  • Mental health treatment
  • Stay-away orders or restitution
• 
  
• No guilty plea is entered
• If all terms are satisfied, the prosecution agrees to dismiss the case or reduce the charge to an agreed-upon lesser offense (e.g., infraction or non-moral turpitude misdemeanor)

This type of diversion is ideal for first-time offenders or those facing charges that don’t qualify for statutory diversion programs. We draft the stipulation carefully and document all steps to protect our clients.

Deferred Entry of Judgment (DEJ)

DEJ involves a negotiated plea of “no contest” or “guilty” with the agreement that judgment will not be entered while the defendant completes specified requirements.

Key Features:

• Commonly used in drug offenses and theft-related charges
• Requires court and prosecution approval
• No conviction entered if conditions are met within the agreed time frame
• Upon completion, case is dismissed, and plea is withdrawn

We use DEJ when the client has prior convictions or the charges are otherwise ineligible for more favorable diversion programs but where a dismissal is still achievable with some performance.

PC § 1001.80 – Military Diversion

Available to current or former members of the U.S. Armed Forces suffering from:

• PTSD
• Traumatic brain injury (TBI)
• Substance abuse
• Mental health issues
• Sexual trauma

Who Qualifies:

• Must be charged with a misdemeanor
• No prior participation in military diversion
• Must provide proof of service and condition-related impact on conduct

Process:

• Court suspends proceedings
• Defendant engages in treatment or counseling
• No plea required
• Upon completion, case is dismissed, and the record can be sealed

This is a pre-plea program, and successful completion results in no conviction and often no formal probation.

PC § 1001.36 – Mental Health Diversion

Designed for defendants whose conduct was significantly impacted by a diagnosed mental disorder.

Eligibility Criteria:

1. Defendant suffers from a qualifying mental disorder (e.g., depression, bipolar disorder, PTSD, schizophrenia)
2. Disorder played a significant role in the offense
3. Defendant consents to diversion and agrees to comply with treatment
4. Defendant is not an unreasonable danger to public safety
5. A qualified mental health expert must support eligibility

Program Details:

• Available for both misdemeanors and many felonies
• No plea required
• Length: Up to two years
• Upon completion, the case is dismissed, and the arrest can be sealed

Mental health diversion is powerful but often requires expert declarations, evidence of a treatment plan, and vigorous advocacy—all of which our firm provides.

PC § 1001.95 – Judicial Diversion

Judicial diversion empowers the judge (not the DA) to grant diversion over the prosecutor’s objection in eligible misdemeanor cases.

Key Features:

• Available for most misdemeanors (except domestic violence, stalking, and sex offenses)
• Defendant must not have a prior conviction for the same offense within the past 10 years
• No plea is required
• Conditions often include:
• 
  
  • Community service
  • Counseling or classes
  • Payment of fines or restitution
• 
  
• Program duration: Up to 24 months

Upon successful completion, charges are dismissed, and the record may be sealed.

Why This Matters:

Judicial diversion is especially useful when the prosecution is unwilling to negotiate, but the court is open to rehabilitation-focused outcomes. Our attorneys regularly argue for this form of relief and prepare persuasive memoranda and mitigation packages.

Immigration & Employment Benefits

Diversion can prevent a conviction altogether—meaning:

• No “conviction” for immigration purposes in most programs
• No mandatory disclosure on job applications
• No permanent record for background checks
• Licensing boards less likely to discipline or deny applications

We tailor each diversion plan to consider immigration status, career impact, and long-term consequences.

Why Choose Jones Trial Attorneys?

Diversion is not automatic. You need an attorney who knows which programs apply, how to qualify you, and how to negotiate or litigate your eligibility. At Jones Trial Attorneys, we regularly:

• Obtain diversion in tough cases, even over prosecutor objections
• Work with expert providers to build mitigation reports
• Handle all filings, stipulations, and compliance verification
• Protect your future through proactive record sealing

We turn criminal charges into opportunities for a second chance.

Call Now – Free Consultation

If you or a loved one is eligible for diversion, every day counts. Early action improves your chances of dismissal—and peace of mind.

📞 Call (866) JTA-WINS or contact us online to discuss your diversion options today.