Misdemeanor/Judicial Diversion
Protecting the Law for 27+ Years
Recent changes in the law allow the Judge, even over objection of the prosecutor, to divert misdemeanor cases for up to two years. This means that without pleading guilty or otherwise admitting guilt, the client is diverted out of prosecution and the case ultimately dismissed with no finding of guilt or plea of no contest.
Notable exceptions include domestic violence misdemeanors and DUI charges. For most other misdemeanors, for example theft, trespass, solicitation, vandalism, assault, this is usually a very good result as after compliance with the terms of diversion, the case is dismissed. Generally, you are required to attend counseling, pay restitution, perform community work service or attend AA meetings and frequently diversion does not last the maximum of two years and the case is dismissed after one year or less of compliance.
If you are charged with an eligible misdemeanor, misdemeanor or judicial diversion as it is sometimes called is an option that definitely should be discussed with your attorney.