Pretrial Diversion Possibility in California Vandalism
My question involves criminal law for the state of: California
I was charged last week with felony vandalism in Los Angeles County. I have a clean criminal record with nothing but a couple of speeding tickets. I attend a state university and am employed part-time during the summers by my resident city.
I had previously held hopes of working for the EPA or some other governmental institution, but now fear the being charged with a felony might ruin those chances and possibly even get me kicked out of school. I have heard the term "Pretrial Diversion" thrown around accompanied by little information other than that completing such a 'diversion' would keep the felony charge off of my record, something that sounds very appealing to me.
I was wondering how one goes about completing Pretrial Diversion. Is it a blanket term for settling my debt with the prosecuting party? Or is it actually a program that requires application and acceptance to complete? I can't seem to find very much information about it and my parents seemed to have hired a relatively unhelpful or unconcerned lawyer while I was still being held in prison. Any information about how to attain Pretrial Diversion or the plausibility of its success would be greatly appreciated.
Thanks a ton.
Re: Pretrial Diversion Possibility in California Vandalism
Pretrial diversion programs are most often available for specific types of misdemeanor offenses (e.g., shoplifting, drug possession for personal use, domestic violence) and are usually also restricted to first offenders. There's no such thing as a diversion program that's offered to all offenders, and the availability of diversion programs varies by state and county.
The term can also be used to describe a deferred entry of judgment (DEJ), or deferred sentence, where you plead guilty but the charge is dismissed without conviction if you successfully complete probation. For a felony vandalism charge, that's probably what you'll end up aiming for. I suggest discussing that approach with your lawyer and, if you still think he's unhelpful, talking to your parents (as they're apparently paying the bill) about switching to a more helpful lawyer.