Diversion

The mental health diversion law does not apply to juveniles in delinquency proceedings. J.M. was committed to DJJ following her admission to a felony allegation of torture (Pen. Code, § 206). While her appeal was pending, the new mental health…

Pretrial diversion under Penal Code section 1001.80 for veteran charged with misdemeanor driving under the influence (DUI) is not precluded by Vehicle Code section 23640, which bars pretrial diversion in DUI cases. Hopkins, a military veteran with PTSD, was charged…

Military diversion (Pen. Code, § 1001.80) is not available for defendants charged with driving under the influence (DUI) offenses (Veh. Code, §§ 23152, 23153). VanVleck, an active duty Marine, and Kluesner, an Army veteran, were charged with misdemeanor DUI offenses.…

A court is not required to consider a minor's eligibility where the minor, initially alleged to have committed a felony, ultimately admits a misdemeanor offense. Under Welfare and Institutions Code section 790, a minor may be eligible for deferred entry…

Under Penal Code section 1000 which provides for deferred entry of judgment, the dismissal of charges is triggered by defendant's successful completion of the program and not by the passage of the three years. The statute provides that if deferred…

The court reversed an order denying the defendant consideration for drug diversion under the deferred entry program set up under Penal Code section 1000, et seq., and remanded for consideration of the defendant's application for diversion. The probation department had…