Diversion
Diversion is a concept that is well-known in criminal law, especially as it relates to cases involving drugs. In cases where criminal defendants are eligible for diversion, they are allowed to enter a guilty plea, but are NOT sentenced. Instead, they are ordered to participate in a series of classes, counseling, or some other educational program. If the program is successfully completed, and if the defendant thereafter stays out of trouble for a defined period of time, he or she will then return to court and the case will be dismissed.
Defendants who successfully complete diversion can thereafter truthfully state that they were not convicted of the crime of which they were diverted. However, if criminal defendants screw up anywhere along the way, either by failing to do what they are ordered to do, failing a drug test, or by picking up a new criminal arrest, the court has the defendant’s guilty plea in their hip pocket, and need only bring the defendant into court for sentencing. In this respect, diversion is considered to be both the “carrot” and the “stick” of criminal law; if defendants do well, their cases are dismissed. If they don’t, they get convicted.
Many who are accused of DUI are aware of California’s diversion statute (Penal Code section 1000), and are hopeful that this will help extricate them following a DUI arrest. Unfortunately, diversion is not available to those charged with DUI, even those who are arrested for driving under the influence of drugs.
If a DUI arrest results in a search and seizure of drugs, the accused may seek diversion specifically for those charges of drug possession. The charge of drunk driving itself will not be eligible for diversion. The courts have ruled that criminal defendants who are charged with several crimes, some of which are eligible for diversion and others (like DUI) which are not, can enter a diversion program on those charges where they are eligible, and either proceed to trial or settle those other charges that cannot be diverted.
Informal diversion is an alternative for other crimes that are not spelled out in Penal Code section 1000. Informal diversion allows a defendant the opportunity to earn a dismissal by participating in counseling or educational programs, or doing whatever it is that is negotiated between the prosecutor and defense lawyer as being appropriate in a given case. Once again, the informal diversion program specifically exempts DUI cases from its application.
If you’ve been arrested for a DUI, there are good reasons to fight your case. If you are also charged with drug possession charges alongside your DUI, then you may be eligible for diversion related to those charges, but consultation with a criminal defense lawyer is critical. Consultation with The Kavinoky Law Firm is free, and you are invited to contact us anytime, day or night, at 1-800-NO-CUFFS, for the help you need with your criminal case.
