Pre-Trial Diversion Programs: Qualifying and Benefits

According to the New York Law Journal, “Various studies of federal diversion programs, from 2011 to 2023, reflect that, by and large, participants in pretrial diversion programs have lower recidivism rates compared to comparable non-participants—and save a lot of money in the process. For example, a 2011 study of a drug treatment pre-trial diversion program in the District of Massachusetts showed that only 6.8% of diverted defendants had a new charge over a 24-month period, compared with 10.8% of non-diverted defendants” (1). 

Pre-trial diversion (PTD) programs allow eligible people to complete certain requirements, such as community service or counseling, in exchange for having their charges dismissed. It’s a win-win in many ways. You can avoid the negative consequences of a criminal conviction, such as jail time or a permanent criminal record, and it’s often better for public safety and taxpayers. If you want to explore the possibility of participating in a pre-trial diversion program, the Law Office of William Bruzzo can offer fast and easy guidance and advocacy. Talk to an Orange County criminal defense lawyer today.

What to Know About Orange County’s PTD Program

Orange County offers a Pre-Trial Diversion (PTD) program as part of its collaborative court system. Collaborative courts address the underlying issues that cause people to get involved in the criminal justice system. The aim is to provide services that promote rehabilitation and reduce recidivism. The Orange County Community Court Building has served as a National Community Court Mentor Site since 2014 and remains dedicated to serving justice.

Collaborative courts in Orange County provide programs and services that promote public safety, reduce recidivism, and enhance the quality of life for participants and the community at large. These programs include mental health court, homeless outreach court, and various alternative programs for both adult and juvenile offenders. The community court also offers onsite services and resources like mental health assessments, vocational skills training, legal aid for civil matters, and assistance with accessing government benefits.

Crimes that Qualify for Pre-Trial Diversion Under PEN 1000

Under California Penal Code 1000 (PEN 1000), certain non-violent crimes qualify for pre-trial diversion programs. These crimes typically include drug offenses and property crimes that result in minimal or no physical harm to others. Orange County’s PTD program primarily focuses on providing assistance to individuals with drug-related charges.

Orange County California residents with qualifying drug offenses can benefit from participating in a pre-trial diversion program. These programs aim to address the underlying reasons for drug-related offenses and offer participants the opportunity to receive treatment and support rather than punishment.

Eligibility for a Pre-Trial Diversion Program

To be eligible for an Orange County pre-trial diversion program, you must meet certain criteria. Specific requirements vary depending on the program and jurisdiction, but some common eligibility factors the Law Office of William Bruzzo sees as an Orange County criminal defense lawyer are:

• First-time offenders: Pre-trial diversion programs often target people who have no prior felony convictions or have not previously participated in a diversion program.
• Non-violent offenses: Generally, pre-trial diversion programs are available for non-violent offenses, like drug possession or property crimes.
• Willingness to participate: You must show a willingness to actively participate in the program, attend counseling or treatment sessions, and comply with the program’s requirements.
• Evaluation and assessment: You may need to undergo an evaluation or assessment to determine your suitability for the program and identify any treatment needs.

Pre-Trial Drug Diversion Program Pros & Cons

Here are some pros and cons of participating in a pre-trial diversion program that we see as an an Orange County criminal defense lawyer:

Pros

• Dismissal of your Drug Charges: Upon successful completion of the program, your charges will be dismissed, meaning you will not have a criminal record for those charges.
• Avoiding a Jail Sentence: By successfully completing a pre-trial diversion program, you can avoid the potential consequences of a conviction, such as jail time or probation.
• You Can Recover from a Drug Abuse Problem: Pre-trial diversion programs often include drug treatment or counseling as part of the program. This can provide you with the support and resources needed to overcome a drug abuse problem and lead a healthier life.
• Possible Avoidance of Losing your Professional License: For individuals in certain professions that require professional licensing, completing a pre-trial diversion program may help you avoid losing your license due to a conviction.
• A Dismissal Will Not be Used Against You in the Future: Once your charges are dismissed through the pre-trial diversion program, they can not be used against you in subsequent criminal proceedings.

Cons

• Time and Commitment: Participating in a pre-trial diversion program requires time and commitment. You will need to attend counseling or treatment sessions, complete community service hours, or comply with other program requirements.
• Limited Availability: Not all jurisdictions offer pre-trial diversion programs, and even when available, the program may have limited spots or specific eligibility criteria that you don’t meet.

What Happens After you Complete a Pre-Trial Treatment Program?

Once you have successfully completed a pre-trial diversion program, be aware of the potential outcomes and what happens next. Each program will have its own set of requirements and processes, but here are some general expectations:

• Dismissal of Charges: Upon completing the program, your charges will be dismissed, meaning you will no longer have a criminal record or pending conviction. This can have significant positive impacts on your future employment prospects and personal life.
• Probation Investigation: Even after completing the program, you may be subject to a probation investigation. This involves meeting regularly with a probation officer and complying with any probationary conditions set by the court.
• Continued Treatment and Support: Depending on the program and your specific circumstances, you may be required to continue with ongoing treatment, counseling, or support services to maintain your progress and prevent future legal issues.

An Orange County Criminal Defense Lawyer Ready to Help

If you want to try to get involved in one of Orange county’s pre-trial diversion programs or need assistance with any criminal charge in southern California, the Law Office of William Bruzzo can help. Our passionate legal team has extensive knowledge of Orange County’s diversion programs and can guide you through the qualification process. To speak to an Orange County criminal defense lawyer now, contact our office right away.