Case Resolution Through Diversion
July 29, 2019
Under Section 1001.36 of the Penal Code, a person may get their case resolved through LEAD rather than jail time. Referral to LEAD may occur under the following:
(1) Prebooking referral. As an alternative to arrest, a law enforcement officer may take or refer a person for whom the officer has probable cause for arrest for any of the offenses in subdivision (b) to a case manager to be screened for immediate crisis services and to schedule a complete assessment intake interview. Participation in LEAD shall be voluntary, and the person may decline to participate in the program at any time. Criminal charges based on the conduct for which a person is diverted to LEAD shall not be filed, provided that the person finishes the complete assessment intake interview within a period set by the local jurisdictional partners, but not to exceed 30 days after the referral.
(2) Social contact referral. A law enforcement officer may refer an individual to LEAD whom he or she believes is at high risk of arrest in the future for any of the crimes specified in subdivision (b), provided that the individual meets the criteria specified in this paragraph and expresses interest in voluntarily participating in the program. LEAD may accept these referrals if the program has capacity after responding to pre-booking diversion referrals described in paragraph (1). All social contact referrals to LEAD shall meet the following criteria:
(A) Verification by law enforcement that the individual has had prior involvement with low-level drug activity or prostitution. Verification shall consist of any of the following:
(i) Criminal history records, including, but not limited to, prior police reports, arrests, jail bookings, criminal charges, or convictions indicating that he or she was engaged in low-level drug or prostitution activity.
(ii) Law enforcement has directly observed the individual's low-level drug or prostitution activity on prior occasions.
(iii) Law enforcement has a reliable basis of information to believe that the individual is engaged in low-level drug or prostitution activity, including, but not limited to, the information provided by another first responder, a professional, or a credible community member.
(B) The individual's prior involvement with low-level drug or prostitution activity occurred within the LEAD pilot program area.
(C) The individual's prior involvement with low-level drug or prostitution activity occurred within 24 months of the date of referral.
(D) The individual does not have a pending case in drug court or mental health court.
(E) The individual is not prohibited, by means of an existing no-contact order, temporary restraining order, or antiharassment order, from making contact with a current LEAD participant.
(b) The following offenses are eligible for either pre-booking diversion, social contact referral, or both:
(1) Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption.
(2) Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption.
(3) Possession of a controlled substance or other prohibited substance.
(4) Being under the influence of a controlled substance or other prohibited substance.
(5) Being under the influence of alcohol and a controlled substance or other prohibited substance.
(6) Prostitution pursuant to subdivision (b) of Section 647.
The petition asks the judge to exercise his/her authority to allow the individual to have the case resolved through diversion if the person suffers from bipolar disorder, schizophrenia, PTSD, and even depression in lieu of jail time.
For many people, the advantage is that due to their medical condition they would not be required to serve any jail time.
The Section of the Penal Code that makes it possible to get a case resolved in lieu of jail time is Section 1001.36 of the Penal Code. This law was recently created so it helps to hire an attorney who is familiar with the new law rather than the old law.
The person must be diagnosed with one of the medical conditions listed above in order for the individual to qualify under Section 1001.36.
It is important to hire an attorney who is familiar with the court and the judges where the petition will be filed. At McCready Law Group, our attorneys are familiar with the courts in Long Beach, Bellflower, Downey, Inglewood, Compton, Norwalk, Los Angeles (Airport Courthouse, Metropolitan Courthouse, the Clara Shortridge Foltz Criminal Justice Center, and others), Van Nuys, Torrance, Whittier, Beverly Hills, Santa Monica, East Los Angeles, San Fernando, Santa Clarita, West Covina, Pomona, Lancaster, Westminster, Fullerton, Newport Beach, Orange, Santa Ana, Riverside, Rancho Cucamonga, San Bernardino, Vista, Ventura, Victorville, San Diego, Murrieta, and others.
Please call us today at (562) 364-7350 for assistance in getting an arrest record sealed. Our attorneys are ready to give you a detailed consultation. We have been assisting Southern California residents with arrests and criminal cases for over 12 years. Mr. McCready is a criminal law specialist, certified by the California Board of Legal Specialization. This is a very rare designation and it has helped Mr. McCready to get cases dismissed as well as get petitions to seal and destroy arrest records granted.
Consultations are normally free and can be done in person or over the phone. Attorney fees can sometimes be made in payments depending on your legal needs and your creditworthiness. Call today! We are waiting for you to call!