Los Angeles Domestic Violence Pre-Trial Diversion Program
Domestic violence allegations can significantly impact your life. In addition to the criminal penalties, you could face allegations of domestic violence that can impact child custody, career opportunities, personal relationships, and where you can live and travel.
Fighting the criminal charges with the help of a Los Angeles domestic violence lawyer is the best way to protect yourself. Our lawyers at The Rodriguez Law Group have extensive experience representing individuals in criminal matters, including entering them into a Los Angeles domestic violence pre-trial diversion program.
How Our Los Angeles Domestic Violence Lawyers Can Help You
We have a thorough understanding of the criminal justice system at The Rodriguez Law Group. Our founding attorney is a former Senior Deputy District Attorney. Our legal team also includes a former criminal prosecutor.
With decades of legal experience, you can trust that our lawyers in Los Angeles, California, understand the best way to defend you against criminal charges. When you hire our legal team, you can expect us to:
- Conduct an independent investigation into the criminal charges and the circumstances of your arrest
- Analyze the evidence the prosecution has against you
- Explore all options, including negotiating a plea bargain, pre-trial diversion programs, and going to trial
- Provide legal advice, support, and guidance throughout your case
- Treat you with the respect and dignity you deserve as you work to resolve this legal matter
At The Rodriguez Law Group, we are fierce advocates for our clients. We understand that this is your life and your future. Therefore, we diligently work to resolve the criminal charges in the best possible manner for you.
Contact us online or by phone to speak with a member of our legal team. Your initial consultation with a criminal defense attorney in Los Angeles, CA, is free.
What Is a Pre-Trial Diversion Program?
A pre-trial diversion program allows a criminal defendant to avoid a criminal record. However, you must qualify for the program and follow all terms and requirements set by the judge or the program.
If you successfully complete a pre-trial diversion program, the judge dismisses your criminal case. In other words, if you have a clean criminal record, you can maintain that clean record by completing a pre-trial diversion program.
What Los Angeles Pre-Trial Diversion Programs Might Be Available for a Domestic Violence Charge?
California has three primary diversion programs listed in the diversion Penal Code:
- California Penal Code §1000 – Drug Diversion program
- California Penal Code §100.36 – Mental Health Diversion
- California Penal Code §1001.81 – Military Diversion
Each of the diversion programs has specific requirements for eligibility. A person charged with domestic violence would need to meet the requirements before a judge would grant the pre-trial diversion.
Drug Diversion Program
Drug charges are some of the most common types of criminal charges that qualify for a diversion program. Instead of going to jail, the defendant can complete a drug treatment program.
Qualifications for the drug diversion program include:
- Cannot have any felony convictions within the past five years;
- Cannot have a conviction for crimes that make them ineligible for the program; and,
- The pending criminal charges do not involve violence or threats.
Therefore, a domestic violence charge might not qualify for the drug diversion program since the crime involves violence and/or threats.
Mental Health Diversion Program
Some crimes do not qualify for the mental health diversion program, including rape, murder, sexual abuse of a child, voluntary manslaughter, and certain types of violent crimes.
Before a defendant can qualify for the mental health diversion program, a mental health professional must diagnose the person with a mental disorder. Some disorders do not qualify for the program.
Additionally, the medical professional would need to state that the defendant’s mental disorder was a significant factor in the crime committed by the defendant. Finally, the physician would need to state that treatment would most likely help the defendant.
Military and Veteran Diversion Program
Current and former military members may be eligible for this pre-trial diversion program. However, the defendant would need to prove that the military service resulted in a traumatic brain injury, PTSD, substance abuse, or mental health issues.
The judge would order the defendant to follow specific terms of the diversion. Defendants give up their right to a speedy trial because of the duration of the program.
Schedule a Free Consultation With Our Los Angeles Domestic Violence Lawyers
Pre-trial diversion programs can be an alternative to jail for many defendants. However, it helps to have an experienced Los Angeles domestic violence attorney who is familiar with the programs and works with the prosecutor and judges to gain court approval.
At The Rodriguez Law Group, we have a proven track record of achieving our goals. Call us today to schedule your free consultation to discuss how we can help you defend yourself against domestic violence charges.
Last Updated on June 2, 2022