AB 2124 authorizes a county (Los Angeles) to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations.
On January 1, 2015, Los Angeles County established a pilot program that gives superior court judges the power to delay the entry of a defendant’s guilty plea and defer sentencing for first time misdemeanor offenses for up to one year. If the judge allows a defendant diversion, the defendant may be allowed to complete a program that may include attending a treatment program or self-courses. Once the program is complete, a defendant may return to court to have his plea withdrawn and the case dismissed.
Not all misdemeanors are eligible for the diversion program. DUI cases, sex offenses, violent offenses, crimes committed by people who have prior convictions for any offense involving force and any person who has been offered diversion in the past.
A key aspect to this new law is that the diversion program is based on the judge’s discretion. A defense attorney must properly and effectively present her case to a judge and show why her client should be allowed the opportunity to participate in a diversion program. I suggest filing certain documents prior with the court and serving the prosecutor of the same. After convincing the judge that the defendant deserves the diversion program, the judge has the discretion to specify conditions of diversion.
Finally, this bill will expire in 2020 unless is it is extended by the legislature. As already stated this bill is a pilot program only available in Los Angles County but other counties have specific diversion programs that may be available in your case.
This bill would authorize a judge in the superior court at his/her discretion and over the objection of the prosecution, to defer sentencing a defendant who has submitted a plea of guilty or nolo contendere to a misdemeanor for a period not to exceed twelve months. The bill would require the judge, at the end of the deferral period and if the defendant complies with all terms, conditions, and programs required, to strike the defendant’s plea and dismiss the criminal case against the defendant.
The key inquiries are the limitations of the bill. Section 1001.98 lists the types of cases or facts of the case that disallows consideration by the judge. This law that just came into effect should be discussed with clients that authorize the judge to allow the defendant to enter into a diversion program. The criminal defense attorney should also effectively convince the judge that the client is worthy of this program.
Any further inquiries, feel free to contact me at 310-601-7144 or email me at [email protected].