Dismissal Through Diversion
One method used by San Diego Criminal Defense Lawyers to assist their clients in dismissing criminal charges against them is called Diversion. This article briefly explains what diversion is and whether you qualify for it. If after reviewing the article you believe that you qualify for California’s criminal diversion program contact us for your free and obligation free case evaluation.
What is Criminal Diversion?
Criminal Diversion refers to a procedure under which, for certain offenses, criminal proceedings may be suspended while the defendant is referred for education, treatment, or rehabilitation.
Do I qualify for Criminal Diversion?
To qualify for Criminal diversion in California you need to be formally charged with a first-time possession of drugs, have not yet gone to trial, and be found suitable for treatment and rehabilitation.
Which Drug Charges Qualify for California’s Diversion Program?
If you have been charged with the following offenses and otherwise meet the criteria for California’s criminal diversion program your San Diego Criminal Defense Lawyer may assist you in obtaining this relief from the court:
· Health and Safety Code 11350 (possession of controlled substances);
· Health and Safety Code 11357 (possession of Marijuana);
· Health and Safety Code 11358 (cultivation of Marijuana), if the marijuana planted, cultivated, harvested, dried, or processes was for personal use;
· Health and Safety Code 11364 (possession of paraphernalia);
· Health and Safety Code 11365 (presence during unlawful use of controlled substances);
· Health and Safety Code 11368 (use of forged or altered prescriptions), if a narcotic was secured by a fictitious prescription, was for personal use, and was not sold or furnished to another;
· Health and Safety Code 11377 (possession of controlled substances formerly classified as restricted dangerous drugs);
· Health and Safety Code 11550 (use or being under the influence of controlled substances);
· Penal Code 647(f) (disorderly conduct), if the violation consists of being under the influence of a controlled substance;
· Penal Code 653(d) (solicitation to commit a controlled substance offense), if the solicitation was for acts directed to personal use only.
How Can A Diversion Help Me?
If you successfully complete the requirements of the program, the charge(s) will be dismissed and the underlying arrest would be deemed not to have occurred.
If you or a loved one is facing criminal charges contact San Diego Criminal Defense Lawyer Omid Rejali, Esq. He has assisted many people obtain relief and keep these charges off of their record.