DOES YOUR ATTORNEY KNOW YOUR STATE’S DIVERSION LAWS?

As many experienced criminal defense attorneys will say, as many as 95% of their clients are NOT criminals and do NOT deserve to spend one day in jail. That being said, people make mistakes and end up in jail. But this does not mean that person is a criminal. A lot of people find themselves in situations that end in some type of misdemeanor charge.

Knowing your State’s Diversion Laws can mean the difference between spending some time in jail versus doing a few things and having your case dismissed away as if it never happened. Such laws exist in varying degrees across the state. For example, in 2020 in California, Gavin Newsom signed into law Penal Code 1001.95, which allows for a Defendant who is SUITABLE AND ELIGIBLE, to perform whatever tasks the Judge would like within and up to two years and upon successful completion, the case (nearly all misdemeanors) is dismissed. This is JUDICIAL DIVERSION, which takes power away from the prosecutor as we do not need a stipulation, and the People are free to oppose it. Their legislative list is clear as to how and why this diversion code should be utilized and carves out a few misdemeanors which are not eligible. The Pot Brothers At Law have a copy of one of their Judicial Diversion motions available for those who would like to see them.

In a pandemic world we have seen the criminal court system go through many changes in an effort to unclog jammed dockets. The California legislators understand that the average citizen deserves a chance to EARN a dismissal rather than be punished in a way that will be detrimental to the rest of their lives.

Many good attorneys have assisted many clients get their cases dismissed by simply not picking up any new cases over a period of 12 -24 months. Some of their clients had to work community service hours or enter some form of rehabilitation. The great thing about PC1001.95 is that it is left solely up to the Judge and oftentimes attorneys are able to suggest what they believe to be reasonable tasks for their clients to perform. Many experienced cannabis law attorneys have also found that most Judges & DDA’s are not clear on (or even know about) this new code section and  know that it is key to bring it to their attention.

If Judges and DD’A’s don’t know, you better make sure your attorney knows about and upholds your rights under your state’s diversion laws!