What Is Pretrial Diversion in California? How It Works

Diversion describes a legal path that can move a pending case away from ordinary prosecution or sentencing. It usually happens before the case reaches a final result.

During diversion, a person may be asked to meet certain conditions. What happens at the end depends on the law that applies.

For a practical look at support during this process, see Pretrial Diversion Support.

California's diversion laws were written at different times for different situations. Examples include:

• certain drug cases (PC §1000)
• cases involving a mental health condition (PC §1001.36; see the broad mental health diversion guide)
• many misdemeanors through court-initiated diversion (PC §1001.95; see Misdemeanor Diversion in California)
• current or former military members (PC §1001.80)
• local or prosecutor-run programs

Each pathway can differ in eligibility, plea structure, length, conditions, supervision, completion result and record effect.

Diversion generally comes up while a case is pending, before final disposition. The exact timing depends on the statute and local procedure. Some frameworks set specific points in the case when diversion can be raised.

If you want to know how diversion is usually explored with counsel, read how pretrial diversion is pursued in California.

It depends on the framework. Under some statutes the court decides. Others give the prosecutor a defined role. Defense counsel evaluates whether a pathway may apply and how to raise it.

ETS does not decide eligibility and does not provide legal representation.

This is a conceptual overview, not one universal California procedure.

1. 01

   Identify the actual legal pathway

   The statute or program that may apply is identified.

2. 02

   Counsel evaluates the requirements

   Defense counsel reviews eligibility and procedure.

3. 03

   Support / clinical needs are identified where relevant

   Qualified providers assess needs if the pathway calls for it.

4. 04

   Applicable conditions are completed

   The person works through the conditions that apply.

5. 05

   The legal result is determined under the governing framework

   The court or program decides the outcome under the law.

The person works on the conditions that apply. Some programs check progress through court dates, a program administrator or authorized reports. Who oversees this depends on the framework.

The governing statute or program may allow diversion to end and the criminal case to resume. Some statutes require notice and a hearing first. The result depends on the framework.

If your main concern is jail or custody, read whether a diversion program can help avoid jail.

In some pathways, a clinical assessment or treatment may be relevant. Qualified providers make clinical decisions. The court and defense counsel handle the legal side.

Diversion is also different from probation. See Pretrial Diversion vs. Probation.