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Pretrial Diversion in California
California has several diversion laws that may let eligible people complete treatment, classes or other conditions instead of a traditional prosecution. Successful completion can lead to dismissal under many of these laws, but the court decides.
ETS helps organize treatment, testing and records across California while your attorney handles the legal side.
Programs that may apply
California Diversion Programs
These are the main statewide programs. Each has its own eligibility rules and excluded offenses.
Mental health diversion (PC 1001.36)
For some people whose diagnosed mental health condition played a significant role in the charged offense. The court decides eligibility and suitability, and certain offenses are excluded.
Learn moreJudicial diversion for misdemeanors (PC 1001.95)
Lets a judge offer diversion for many misdemeanors. The law excludes some offenses, including DUI, domestic violence, stalking and offenses requiring sex-offender registration.
Learn moreDrug diversion (PC 1000)
For certain drug-possession offenses when the person meets the statute's requirements. It usually involves an education or treatment program.
Learn moreMilitary diversion (PC 1001.80)
For some current or former service members charged with a misdemeanor who may have service-related conditions such as PTSD or substance use.
Learn more
County guides
Find Your California County
Procedures and local programs can differ by county. Choose your county for local court information.
- Los Angeles County
- Alameda County
- Contra Costa County
- Fresno County
- Kern County
- Orange County
- Placer County
- Riverside County
- Sacramento County
- San Bernardino County
- San Diego County
- San Francisco County
- San Joaquin County
- San Mateo County
- Santa Barbara County
- Santa Clara County
- Solano County
- Sonoma County
- Stanislaus County
- Ventura County
How it usually works
How Diversion Support Works in California
Every case is different. This is the general order of steps when ETS is involved.
- 01
Attorney review
Your attorney reviews the charges and decides whether diversion or mitigation is worth pursuing.
- 02
Evaluation and plan
If treatment-related support makes sense, ETS helps arrange appropriate evaluations and a service plan.
- 03
Participation
You attend treatment, classes or testing. ETS tracks attendance and results.
- 04
Documentation
ETS prepares organized progress records your attorney can review and share when appropriate.
- 05
Court decision
The court, and in some programs the prosecutor, decides whether diversion is granted and how the case ends.
Questions
Questions About Diversion in California
Confidential consultation
Not Sure What Applies to Your Case?
Tell us where your case is filed. We'll explain what support ETS can organize alongside your attorney.