California Penal Code 1001.95 and Judicial Diversion Motion

California Penal Code 1001.95 allows a judge to place a defendant on diversion which ultimately could lead to a dismissal of all of the defendant's charges.  

Many people might think that the judge has the power to dismiss charges or cases that the district attorney wants to pursue. Prior to January 2021, this was not the case. Even if the judge thought the case was frivolous, the judge did not have the power to dismiss any cases or charges. However, the legislature recently gave the judges more discretion to implement a program so a defendant might earn a dismissal of his misdemeanor case or charges.

Under Penal Code 1001.95

• (a) the judge in the superior court in which a misdemeanor is being prosecuted, may at the judge's discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.

• (b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant's specific situation.  

• (c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.

However, there are exceptions to this program and defendants should work with very experienced criminal defense attorneys to navigate the process.

In a few short months, since January 2021, we at the Law Offices of Natalio Pereira have worked aggressively to get our client’s cases dismissed, and have successfully had numerous of these motions granted in Los Angeles, Orange, San Bernardino and Riverside counties.

In a recent case, attorneys at the Law Offices of Natalio Pereira defended five individuals that had been charged with the unlawful possession of marijuana for sale. After a detailed assessment of the case, we argued vigorously on our client’s behalf, and ultimately convinced the judge that a diversion motion would be an appropriate outcome for our clients. The district attorney in San Bernardino adamantly objected, but the judge ultimately allowed all five clients into the diversion program. Their cases will be dismissed in October.