The unfortunate truth about the COVID-19 pandemic is that it remains a huge concern within California prisons. While the state has taken several steps to try and help those in this position, are they enough? Today we will look at the passing of AB 3234 and discussing whether or not it does enough to protect a person serving a few years in prison from receiving the death penalty due to COVID.

AB 3234 Went into Effect on January 1, 2021

Assembly Bill 3234 was passed and then signed by the California governor on September 30, 2020. It went into effect on January 1, 2021. It is designed to both help reduce overcrowding issues within the prisons and help expand options for low-level, non-violent offenders to have a second chance. The Bill gives judges the option to put first-time misdemeanor offenders into diversion programs instead of jail or prison.

The Passage of the Bill Follows a Successful Pilot Program

Over a two-year period, Los Angeles County followed a pilot program of the ideas outlined in AB 3234 with great success. In that two-year period, jury trials were reduced by more than 2,000. Instead of defendants being convicted of a misdemeanor and serving time in jail, they instead could complete the terms of their punishment via a diversion program.

When the diversion program ended, the defendant had the charges dropped, and the arrest was removed from their criminal record. In short, it was as though the arrest had not happened, and the defendant was able to go on with their life.

Will AB 3234 Help You?

If you are facing a criminal charge, then you might wonder: will AB 3234 help me? That depends on several factors. First, is this your first criminal charge? If you have been convicted of anything in the past, whether shoplifting or a DUI, then you will not be eligible for AB 3234. Likewise, if the charge you are facing is a felony, or is a misdemeanor that involves any level of violence, then you will not be eligible.

That said, if you are facing a non-violent misdemeanor such as a simple possession charge, then AB 3234 could mean the option of going to a drug diversion program instead of prison.

Talk to a Criminal Defense Attorney if You Are Facing a Criminal Charge

Whether you are eligible for diversion or not, whether the charges are considered “serious” or not, it is essential that you talk to a criminal defense attorney if you are facing a criminal charge. To request a free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055 right away.