Compton, CA asked in Criminal Law for California

Q: What are the necessary steps to submit a case for pre-trial diversion consideration in Los Angeles County?

Someone that I know was arrested and booked for a shoplifting misdemeanor in Los Angeles County, CA. I have read the CA Penal Code Section 1001.94 about the eligibility requirements for diversion and I believe this person would qualify. I have also read that it is possible to apply for diversion without an attorney. However, I have not been able to find online the specific procedure for applying for diversion. What are the necessary steps to submit a case for pre-trial diversion consideration in Los Angeles County? Is there an official website/source that details the procedure? Thanks in advance.

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2 Lawyer Answers
David Dastrup
David Dastrup
Answered
  • Criminal Law Lawyer
  • Torrance, CA
  • Licensed in California

A: You still need an attorney. It is not treated as an automatic right, and you may not qualify, and or the prosecutor might convince the judge not to grant it. In fact, some prosecutors have a blanket policy to object to the diversion. Regardless, representing yourself on a criminal case is a bad idea for several reasons.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: The defendant would be best off hiring an attorney for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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