One thing that is always consistent in the legal field is change. There are always new laws to abide by — some that may work in a criminal defense’s favor and some that may work against it.
When faced with a difficult criminal case, it’s always best to rely on a Riverside criminal defense attorney to counsel and represent you throughout this trying time. Not only are they educated and experienced with similar cases, but their entire office is trained to stay up to date with the latest changes in law, like the new AB 3234 Misdemeanor Diversion law that just passed on January 1, 2021.
What is the AB 3234 Misdemeanor Diversion Law?
As of January 2021, every county in Southern California can decide their own version of an emerging “Diversion Program.” This means that the defendant has the option (if sought through correctly with the help of your attorney) to complete either classes, community service, receive a fine, or even earn a dismissal of the case at hand. Of course, the District Attorney may object, but if the case is presented strongly in the defendant’s favor, the judge may still grant your motion for Diversion!
What Cases Does the AB 3234 Misdemeanor Diversion Law Typically Apply To?
Every single criminal case is different depending on the details and the facts that can be presented and proved in court. With that being said, it’s important to discuss your side of the story and specifics with your criminal lawyer in Riverside as soon as possible.
If you’re being charged with a misdemeanor offense, your case is most likely eligible. The whole idea is for the Judge to “divert” your case so that the court system does not backlog cases by exceeding proceedings more than 24 months. So, not only is this a better option for you, but the courts see it as a positive thing if given the appropriate circumstances.
If you are interested in this legal option, you would be required to make full restitution payments to the victim of your case. If you can prove that your financial circumstances are less than favorable at the time, this would not disqualify you from exploring the Diversion Program for your case.
What Happens After a Diversion Granted By The Judge?
The goal of the legal system is to protect, refine, and reform their community from criminal activity. If you can show that you can comply with the terms of your diversion, then the Judge will dismiss your case and also erase the case completely off your record as if it never occurred (unless you’re applying to be a peace officer).
Keep in mind that if there were any orders created in regards to your case, such as Court Ordered Protective Orders, Firearm Prohibition, or even Stay Away Orders, you must still comply.
If for any reason you fail to complete the entire program, the Judge has the power to end the Diversion Program and restart the entire criminal case.
Can I Take Advantage of the New AB 3234 Misdemeanor Diversion Law for My Case?
To better understand if the Diversion Program can be applied to your particular criminal case, it’s best to get in contact with your local Riverside criminal defense attorney. Jonathon Mendoza and his entire Empire Law, Inc. team is readily available to discuss the details of your case.
A simpler solution is right around the corner, all you have to do is schedule your consultation.