How Diversion Programs Can Help in Drug Crime Cases
Introduction
If you’ve been charged with a non-violent drug offense in California, you may not have to face jail time or a criminal conviction. Diversion programs offer qualifying defendants the chance to complete treatment, education, or rehabilitation in exchange for the dismissal of charges. These programs are designed to help individuals address underlying substance use issues while avoiding the lifelong consequences of a criminal record.
This article explains how diversion programs work in California, who qualifies, and how a defense attorney can help you get into one and successfully complete it.
What Is a Diversion Program?
A diversion program is a legal alternative to traditional criminal prosecution. Instead of going through a full trial and sentencing, the defendant agrees to complete court-approved requirements—such as drug treatment, counseling, or community service. If the program is completed successfully, the case is dismissed.
Types of diversion programs in California drug cases include:
- Pretrial Diversion under Penal Code §1000
- Drug Court programs
- Mental Health Diversion under Penal Code §1001.36 (when addiction is tied to a mental disorder)
These programs are especially beneficial for first-time offenders or individuals facing simple possession or minor drug-related charges.
Eligibility for Diversion
Eligibility for a diversion program depends on the specifics of your case and your criminal history. Generally, you must meet the following criteria:
- You are charged with a qualifying non-violent drug offense (e.g., simple possession)
- You have no prior convictions for serious or violent felonies
- You have not previously completed a diversion program in the last 5 years
Each county may have slightly different rules, and some programs are more rigorous than others. An experienced defense attorney can negotiate with prosecutors, present mitigating evidence, and argue for your acceptance into the most favorable program available.
