In 2021 the State passed a new law giving the Judges the authority to place someone on diversion on most misdemeanors, even if the D.A. objected.
This diversion program is called Judicial Diversion, or Penal Code Section 1001.95 diversion.
If the Judge finds someone suitable for diversion, even if the D.A. disagrees, the Judge will place the Defendant on a grant of diversion – lasting from 6 months to 2 years, with certain conditions. The conditions might include attending educational programs, attending sobriety meetings, completing community service, and paying restitution to the victim. The client is given a completion date, and a return to court date. The case will be dismissed on the return to court date if all conditions have been completed.
Sacramento criminal defense attorney David Foos, have been very successful in convincing Judges to order such diversion for my clients. Should you have a criminal case, please feel free to call us at 916-779-3500, for a no-cost, initial consultation. Also, we can be reached via email at david@foosgavinlaw.com.