When facing criminal charges, the primary objectives generally include preventing a conviction and steering clear of incarceration. Achieving these goals can greatly impact your future and well-being. In California, one potential avenue to circumvent a conviction is through pre-filing diversion programs.
If you’re uncertain about whether you qualify for such programs or how they could work in your case, consulting with an experienced criminal defense attorney is essential.
What Exactly is Pre-Filing Diversion?
Pre-filing diversion offers individuals facing certain charges the opportunity to avoid a permanent criminal record by meeting specific conditions outlined by a judge. Instead of proceeding through the traditional court system, eligible cases can be redirected into this alternative program, usually initiated by the prosecutor’s office.
Eligibility and Agreement
When determining whether to offer pre-filing diversion, several factors are typically assessed by prosecutors, including:
- The severity of the charged offense
- The defendant’s criminal history
- The likelihood that an individual will successfully complete the diversion requirements
- The risk of future offenses
- Mitigating circumstances that may lessen the individual’s responsibility for their actions
Additionally, you must meet the following criteria:
- No felony convictions within the last five years
- No past offenses that disqualify you from receiving a pre-filing diversion during that same period
- No current or prior charges linked with violent crimes
These factors and requirements are not exhaustive; prosecutorial discretion allows the state to consider various other elements when deciding on a potential pre-filing diversion agreement.
What Happens When Pre-Filing Diversion is Granted?
If you are accepted into a pre-filing diversion program, there are several requirements that you must meet, including:
Compliance with Court-Mandated Conditions
You’ll be required to adhere to specific rules and requirements established by the court for a designated period.
Financial Obligations
During this time, you may need to pay fines and probation fees. Additionally, if restitution is owed in connection with the case, you’ll be expected to settle that as well. However, being unable to meet the restitution requirements will not alone be considered non-compliance with the program.
Drug Testing and Education Requirements
In cases where substance abuse issues are involved, you will likely undergo regular drug testing throughout the diversion process. You may also be required to undergo substance abuse treatment.
Regular Court Appearances
Participation in mandatory court appearances may also be required during your time in the program.
Meetings with Probation Officer
You may have obligations like scheduled check-ins or meetings with a probation officer who will monitor your compliance and progress.
The program often lasts more than one year, and then once all conditions are met without issues or violations, your original criminal charges will be dismissed, and you won’t have to go through a trial.
What Happens if Pre-Filing Diversion is Not Completed Successfully?
If your pre-filing diversion is not completed successfully, you will typically have to face the original charges against you. This means that failing to obey the mandated rules – such as missing court appearances, failing drug tests, or not paying required fines – can result in your case moving back into the traditional criminal justice system.
The Importance of Working With a Criminal Defense Lawyer
Being accepted into pre-filing diversion can be complex, making it essential to work with an experienced criminal defense lawyer. A skilled attorney can significantly increase your chances of being able to participate in this program by carefully assessing your case and guiding you through the eligibility requirements.
Your lawyer will help you present a strong argument for acceptance into the program and ensure that all mitigating information and necessary documentation is provided to the prosecutor and court, demonstrating your willingness to comply with any required conditions.
They will also assist you in developing a well-structured plan for meeting the stipulations set forth by the court, such as attending treatment programs or fulfilling restitution obligations.
During your participation in a diversion program, a criminal defense lawyer can offer ongoing support by keeping track of compliance deadlines and representing you during any mandated meetings or hearings.
Contact a Criminal Defense Attorney Today
If you have any questions about pre-filing diversion or need help with a criminal matter, contact a criminal defense lawyer at Ahmed & Sukaram, Criminal Defense Attorneys today at (408) 217-8818.