San Jose Diversion Program Attorney

Criminal Defense Lawyer in California Helping Defendants Avoid Conviction

In many states throughout the country, efforts are underway to reduce crowding in jails and prisons and to bring down the number of people who are incarcerated—especially for non-violent or less serious crimes. California has been a national leader in efforts such as these, and under California law, many defendants who have been charged with certain offenses are eligible for diversion programs that could help them avoid a conviction and the jail time that comes with it.

At Fuller Law Firm, we know that not every criminal defendant is eligible for diversion programs. For those who qualify, however, diversion programs can be life-changing. If you are facing criminal charges, our experienced team will help determine your eligibility for a diversion program and work closely with you in protecting your future.

Types of California Diversion Programs

Under California law, there are four primary types of diversion programs, including:

• Drug diversion programs;
• Mental health-related diversion programs;
• Diversion programs for current and former military members; and
• Juvenile diversion programs

In most cases, diversion programs are intended to help first-time offenders with no prior criminal record, but exceptions can be made depending on the circumstances of each case.

Drug diversion programs are available for those charged with low-level drug offenses like simple possession or being under the influence of a controlled substance. Mental health-related diversion programs may provide an option for defendants charged with misdemeanors or felonies if the defendant has a recognized mental health disorder that played a significant role in the alleged crime. Similarly, the military diversion program could help a current or former service member charged with a misdemeanor if the defendant has been affected by PTSD, substance abuse, traumatic brain injury, or other issues caused by his or her military service.

Diversion programs for juveniles are available to young offenders charged with misdemeanors or felonies. Such programs are intended to provide juveniles with the tools and resources to avoid getting lost in the juvenile justice system.

Participating in Diversion Programs

At Fuller Law Firm, we realize that diversion programs can be complex and that it is up to the court to decide whether to allow a defendant to participate in such a program. We also know that there are many different types of programs within the four primary categories. Our team will meet with you to discuss your case and the programs for which you might qualify. We will ensure that you fully understand your responsibilities and the types of behaviors that could cause you to lose your eligibility.

If you are approved for participation, we can also help make sure that you are following through with your end of the agreement. Upon successful completion of the program, in most cases, the charges against you will be dismissed, and no conviction will be entered on your permanent record. This means that you will not have to list the arrest on job or housing applications or applications for professional licenses.

Call 408-234-7563 for a Free Consultation

For more information about California's criminal diversion programs, contact our office. Call 408-234-7563 to schedule a free, no-obligation consultation at Fuller Law Firm today. Our team represents clients in San Jose, Fremont, Palo Alto, Gilroy, Alameda County, Santa Clara County, and the surrounding areas.