Informal Diversion – An Alternative to a Conviction on Your Record
What is Informal Diversion?Informal Diversion is new law recently enacted that allows a plea of guilty or no contest to be stayed pending certain terms or conditions to be completed. If they are completed sufficiently and to the court’s satisfaction, the Judgment will not be entered.
What is the Relevant Law Behind Informal Diversion?Informal Diversion is codified under California Penal Code §1001.94 and 1001.95. The code section reads:
“A judge in the superior court of the County of Los Angeles may, at his or her discretion and over the objection of a prosecuting attorney, defer sentencing a defendant who has submitted a plea of guilty or nolo contendere to a misdemeanor pursuant to this chapter. Sentencing may be deferred for a period not to exceed 12 months, and the judge may order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant's specific situation.”
Informal Diversion may be ordered upon the Judge’s discretion. However, pursuant to California Penal code §1001.94(c), the person being charged may also request Informal Diversion. If the person is represented by a Los Angeles Criminal Defense Lawyer, they lawyer may file a motion or make a request to the Court for Informal Diversion.
What Offenses Does Informal Diversion Apply To?Informal Diversion may be applied to lower level misdemeanors. An explanation as to which types of offenses are exempted from qualification are codified under California Penal Code §1001.98.
Why is This Important to Me?If you qualify, this could mean no record and no conviction. This is extremely important because a criminal record could have significant consequences on your future educational and employment opportunities. This is similar to a dismissal, but your charges are not dismissed for lack of evidence, or because Prosecution could not find you guilty.
How About an Example to Illustrate the Issue?Dina has been charged with petty theft. She appears before the Judge, and the Judge on his own motion offers the informal diversion program. He asks that Dina complete 50 hours of community service, pay her restitution, and give a saliva sample for future law enforcement records. Dina, agreeing with the Judge, enters a plea of guilty and is then given a year to complete her hours and pay her restitution. She gives a spit sample right away, and completes everything within a year. She then returns before the Judge, and having completed everything to the Court’s satisfaction, her Judgment of not guilty is not entered. There will be no charges on her criminal record.
If Informal Diversion is available in your case, it is an option seriously worth considering. For help in assessing the pros and cons of the option, as well as other options and defenses, it is highly recommended that you speak to a knowledgeable and experienced Los Angeles Criminal Defense Lawyer. You will be glad that you took the time to learn about your case, and make an informed, educated decision that you can be confident with!
Client Reviews
★★★★★
I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time... Micaiah Botts
★★★★★
My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin
★★★★★
Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown
★★★★★
I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.
★★★★★
I had a DUI issue recently. I have never had a problem with the law as serious as this one. I did panic a bit after and knew I had to get a lawyer to help my future. I researched the Web and read the reviews for awesome DUI Lawyers. Hiring a lawyer can be intimidating. Ron's 30 years experience and step by step guidance helped me with my case. Jonie was amazing with keeping me calm. Ron Hoffman is a great lawyer and I would refer any friends or family to him... Manuel Gomez
★★★★★
Ron was so accommodating and professional. With a Firm like his you wouldn't expect him to be as accessible, but he immediately returned phone calls, was easy to communicate with and was very sympathetic to my situation. He went above and beyond and was able to get a better result than I'd hoped or expected. I highly recommend Ron Hoffman and his firm. He made a difficult and anxiety fueled process bearable and made me feel safe. He is a lovely man. One does not wish to need a criminal attorney, but if you do need one, Ron's the guy to call... Teri A.
★★★★★
Ron and his team were the perfect pairing for what I needed taken care of. Every step of the way he was extremely helpful and informative (not his first rodeo). His work ethic and attitude were exemplary and it showed with the results of using his services. I would recommend anyone I know to give Ron a call if they need help in his realm of expertise. Many thanks Ron and associates!... Donald N.
★★★★★
I didn't hire a lawyer for my first DUI... What a mistake! Ronald goes above and beyond with his art and knowledge of custom strategy according to your case. lawyer of the year (every year)... Adam R.
★★★★★
I hate lawyers. They are hard to get a hold of, greedy and unreliable. Ron is the opposite of all these things. He deserves 6 stars, and I very much recommend him. He helped me through my case with nothing but kindness, understanding, and knowledge and eventually got it dropped. Thanks for everything Ron!... Avi Z.