Los Angeles Diversion Programs: Your Guide to Avoiding a Criminal Conviction in California

Facing criminal charges in Los Angeles can be overwhelming, but California diversion programs offer a path to avoid a conviction and its long-term consequences. These programs allow eligible defendants to complete specific requirements, such as treatment or community service, in exchange for having their charges dismissed. At Rogers | Beltran LLP, our experienced Los Angeles criminal defense attorneys are dedicated to helping you explore diversion options to protect your future. Below, we explain the types of diversion programs in California, eligibility criteria, benefits, and critical information to help you navigate these opportunities.

Types of Diversion Programs in California

California offers several diversion programs tailored to specific offenses, circumstances, and defendant needs. As of July 2025, the most common programs include:

1. Mental Health Diversion (PC § 1001.36)

  • Description: Allows defendants with diagnosed mental health disorders (e.g., depression, PTSD, schizophrenia) to complete treatment instead of facing prosecution. Introduced in 2018, this program addresses underlying mental health issues contributing to criminal behavior.
  • Key Factors: Eligible for most misdemeanors and some felonies, excluding serious crimes like murder or sex offenses. Requires a mental health diagnosis and a treatment plan.

2. Drug Diversion (PC § 1000 and Proposition 36)

  • Description: Targets non-violent drug offenses, such as simple possession (HS § 11350). Defendants complete drug treatment programs (e.g., counseling, rehab) to have charges dismissed.
  • Key Factors: PC § 1000 applies to first-time offenders; Proposition 36 extends to probationers. Ineligible for drug trafficking or sales charges (e.g., HS § 11351).

3. Judicial Diversion (PC § 1001.95–1001.97)

  • Description: Allows judges to grant diversion for certain misdemeanor offenses (e.g., petty theft, trespassing) without prosecutor approval. Defendants complete conditions like community service or restitution.
  • Key Factors: Expanded by AB 3234 (2020), but excludes DUIs, domestic violence, and other specified crimes. Los Angeles courts have embraced this program for low-level offenses.

4. DA Diversion (Local Programs)

  • Description: Informal diversion offered by the Los Angeles District Attorney’s Office for minor offenses (e.g., shoplifting, vandalism). Defendants complete community service, classes, or restitution to avoid prosecution.
  • Key Factors: Discretionary and varies by DA’s office; often used for first-time offenders with no significant criminal history.

5. Military Diversion (PC § 1001.80)

  • Description: Designed for active-duty or veteran defendants with service-related trauma (e.g., PTSD, TBI) charged with misdemeanors. Involves treatment programs tailored to military-related issues.
  • Key Factors: Excludes serious crimes like felonies or DUIs; requires proof of military service and a link between the offense and service-related trauma.

6. Other Diversion Programs

  • Description: Includes specialized programs like neighborhood justice programs or restorative justice initiatives in Los Angeles, focusing on rehabilitation and community restoration.
  • Key Factors: Often used for juvenile offenders or minor infractions, with conditions like mediation or community service.

Eligibility for Diversion Programs in California

Eligibility varies by program but generally depends on:

  1. Type of Offense: Most programs target misdemeanors or non-violent felonies. Serious crimes (e.g., murder, rape, or robbery) are typically ineligible.
  2. Criminal History: First-time or low-level offenders are prioritized. Repeat offenders may qualify for certain programs (e.g., Proposition 36) with restrictions.
  3. Defendant Circumstances: Mental health diversion requires a qualifying diagnosis; military diversion requires service-related trauma; drug diversion requires a non-violent drug offense.
  4. Willingness to Comply: You must agree to complete program requirements, such as treatment, counseling, or community service.

An experienced Los Angeles criminal defense attorney can assess your eligibility and advocate for diversion during negotiations or court proceedings.

What the District Attorney or Court Must Consider

For diversion to be granted, the DA or court evaluates:

  • Nature of the Offense: Whether the crime qualifies under the program’s guidelines.
  • Public Safety: Whether diversion poses a risk to the community.
  • Defendant’s Suitability: Your willingness to participate and likelihood of completing the program.
  • Victim Input: In some cases (e.g., DA diversion), victims may influence the decision.

The DA may oppose diversion, especially for felony charges, but a skilled attorney can present evidence (e.g., mental health records, military service documentation) to support your eligibility.

Common Defenses and Strategies to Secure Diversion

While diversion is not a defense, securing it often involves strategic advocacy. Common approaches include:

  1. Demonstrating Eligibility:
    • Provide medical records for mental health diversion or military service records for military diversion.
    • Example: Submitting a PTSD diagnosis from a licensed psychiatrist.
  2. Negotiating with the DA:
    • Convince the prosecutor to offer DA diversion for minor offenses by highlighting your clean record or rehabilitation efforts.
    • Example: Showing enrollment in a drug treatment program before charges are filed.
  3. Challenging the Underlying Charge:
    • If the evidence is weak, your attorney may negotiate for diversion to avoid a risky trial.
    • Example: Arguing an illegal search in a drug possession case to leverage diversion.
  4. Mitigating Circumstances:
    • Highlight factors like trauma, addiction, or socioeconomic challenges to justify diversion.
    • Example: Linking a theft charge to financial hardship to secure judicial diversion.

At Rogers | Beltran LLP, our Los Angeles diversion attorneys work diligently to secure diversion programs, tailoring arguments to your unique circumstances.

Benefits and Potential Outcomes of Diversion Programs

Completing a diversion program offers significant benefits:

  • Charge Dismissal: Charges are dropped upon successful completion, avoiding a criminal conviction.
  • No Criminal Record: Keeps your record clean, preserving job and housing opportunities.
  • Rehabilitation Focus: Addresses underlying issues like addiction or mental health, reducing recidivism.
  • Reduced Penalties: Avoids jail time, fines, or probation associated with convictions.

Failure to complete a program, however, may result in reinstatement of charges and standard prosecution. Potential penalties vary by offense:

  • Misdemeanor Charges: Up to 1 year in county jail and fines (e.g., $1,000 for petty theft or drug possession).
  • Felony Charges: Up to 7 years in state prison and higher fines (e.g., $20,000 for drug possession for sale).

What Else Should You Know About Diversion Programs in Los Angeles?

Diversion programs can be a lifeline, but navigating them requires understanding the process and local nuances. Here are additional details:

The Diversion Process in Los Angeles

  1. Eligibility Assessment: Your attorney evaluates your case and gathers evidence (e.g., medical records, military service documents) to support diversion.
  2. Negotiation or Hearing: Your attorney requests diversion from the DA or judge, often during pre-trial proceedings.
  3. Program Enrollment: You enroll in the required program (e.g., drug rehab, mental health treatment) and comply with conditions like regular check-ins or community service.
  4. Completion and Dismissal: Upon successful completion, the court dismisses your charges. Non-compliance may lead to prosecution.

Why You Need a Los Angeles Diversion Attorney

Securing diversion requires legal expertise to navigate eligibility criteria and court processes. An experienced attorney can:

  • Identify the best diversion program for your case.
  • Advocate for your eligibility with prosecutors or judges.
  • Ensure compliance with program requirements to avoid reinstatement of charges.
  • Protect your rights throughout the process.

At Rogers | Beltran LLP, our Los Angeles criminal defense lawyers have a proven track record of helping clients secure diversion and avoid convictions.

How to Maximize Your Chances for Diversion

  1. Act Quickly: Contact an attorney immediately to assess diversion eligibility before charges escalate.
  2. Gather Documentation: Provide evidence like medical records, proof of military service, or proof of enrollment in treatment programs.
  3. Show Rehabilitation Efforts: Enroll in counseling or treatment proactively to demonstrate commitment.
  4. Avoid Violations: Comply with all court orders and program requirements to ensure successful completion.

Los Angeles-Specific Considerations

  • Robust Diversion Programs: Los Angeles County has expanded diversion options, including the Office of Diversion and Reentry, which supports mental health and drug diversion.
  • Local Courts: Cases are heard in courts like the Los Angeles Superior Court or Van Nuys Courthouse, where judges may vary in their approach to diversion.
  • Community Resources: Los Angeles offers extensive treatment programs, making it easier to meet diversion requirements but requiring careful coordination.

Contact Rogers | Beltran LLP for Expert Diversion Program Assistance in Los Angeles

California’s diversion programs offer a chance to avoid a criminal conviction and rebuild your life. At Rogers | Beltran LLP, our dedicated Los Angeles diversion attorneys are committed to helping you secure mental health, drug, judicial, DA, or military diversion to protect your future. Whether you’re facing a misdemeanor or felony charge, we have the expertise to navigate these programs.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you explore diversion options and fight for the best possible outcome.