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A New Law Could Provide Much-Needed Pre-Trial Diversion Options for Parents

No one wants to face criminal charges but when you are a single parent of juvenile, it can feel impossible to imagine leaving your child behind. Senate Bill 394 would help parents in this position. Keep reading to learn what it entails and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

What Existing Law Says

First, let us consider what existing law holds. It says that a person who is charged with specific crimes may be able to qualify for pretrial diversion if they meet various qualifications and if a number of circumstances are present. For example, mental health disorders, drug addiction, and military service can all help make a person eligible for a pre-trial diversion program.

If the defendant is able to move through this program successfully, the court will dismiss the charges against them and the arrest record will be sealed. This can be of huge importance to those who do not want a conviction or even an arrest on their record.

What Would SB 394 Do

If the Senate Bill 394 passes, it will allow the presiding judge in the superior court to work with the presiding juvenile court judge and criminal court judge, along with the prosecutor and public defender, to determine a pretrial diversion program for certain individuals. Namely, this program would apply to defendants who are the primary caregiver of a child under the age of 18.

To be eligible, the defendant must meet a few additional criteria. They must be facing only misdemeanor or non-serious, non-violent felony charges. The charge they are facing cannot be one in which their defendant is the victim.

There Would Be Specific Parameters for the Diversion Program

The bill would require that the period of diversion is at least six months but is not longer than two years. The bill would require that the person going through the diversion program takes part in classes that relate to whatever their charge was. For example, this could include parenting classes, anger management, or financial literacy.

They could also receive services to help them move forward safely and productively. This could include help finding housing or employment. They could receive treatment for drug or alcohol addiction, as well as mental health disorders.

Learn More About Diversion Programs by Consulting with a Criminal Defense Attorney

If you are facing charges and want to know more about diversion programs, contact Law Office of Michael L. Fell at (949) 585-9055. Not all charges are eligible, but drug crimes and DUI charges may have diversion program options for first-time offenders. Call us now for your free legal consultation and to learn more about your options.