A San Diego Lawyer Explains: Using Diversion To Resolve Eligible Misdemeanor Charges
Last updated on April 27, 2026
Think of a diversion program as a legal “second chance.” It is a specialized pathway that allows you to pause a criminal case and complete specific requirements, such as community service or counseling, instead of going through a traditional trial. Once you successfully finish the program, the judge dismisses your charges, and your arrest record is wiped clean. Taking part in diversion can provide the best of both worlds: an opportunity to make things right and better yourself while avoiding the harsh consequences of a criminal conviction such as fines, jail time and professional license suspensions.
At The Law Offices of Mark Deniz APLC, we offer defense representation led by a former senior prosecutor with over 20 years of criminal law experience. This deep background in both sides of the courtroom allows us to employ a proven approach to protecting the rights of the accused in San Diego County, including securing participation in diversion when possible. Get the right attorney on your side today by calling 858-429-9982 for a free consultation.
Why Diversion?
The intent of California’s diversion program is twofold:
- Provide defendants with a second chance
- Provide a practical solution to logistical concerns
Resolving misdemeanor offenses through this pretrial diversion program is expected to ease overcrowding in jails and provide a second chance to good people who find themselves on the wrong side of misdemeanor charges. The program was designed to build off a successful pilot program that took place in Los Angeles County. The Los Angeles program decreased the number of jury trials by more than 2,000 over two years, saving the court system $12,000 per day, per trial. More importantly, recidivism rates were lower for graduates of a diversion program than their counterparts who were prosecuted in the traditional criminal justice system.
What Does Diversion Mean For You?
The collateral consequences of a misdemeanor conviction can haunt people for the rest of their lives, with a criminal record making it difficult to find employment, secure housing and be a functioning member of society. Choosing an alternative to conviction is an opportunity to resolve the issues you face and emerge without a criminal record or arrest record. Your background checks will be clean as you pursue future opportunities, whether you are pursuing a new job or coaching your child’s youth sports team. Another crucial benefit of his pretrial intervention program is that you will not be required to plead guilty in advance of the diversion.
What Is The Diversion Process?
A superior court judge can offer diversion for eligible misdemeanors over the objection of a prosecuting attorney (with some exceptions). This process serves as a vital alternative to incarceration, allowing you to remain in your community and keep your job while completing your requirements.
The diversion process must be completed within 24 months, once the defendant has successfully complied with the terms and conditions the judge has required. Conditions of the diversion program include:
- Completing all court-ordered conditions such as community service, drug treatment and/or anger management
- Complying with court-ordered protective order, stay-away order or prohibition on firearm possession
- Making full restitution (with some exceptions granted for indigence)
Once diversion has been successfully completed, the judge will dismiss the misdemeanor case against the defendant and the arrest will be deemed to have never occurred.
What Misdemeanors Are Eligible For Diversion?
Diversion is often the best outcome possible for people facing misdemeanor charges. Unfortunately, not all offenses qualify for this pretrial intervention program. Ineligible misdemeanors include any offense where a conviction would require registration pursuant to Section 290, violations of Section 273.5, violations of subdivision (e) of Section 243, violations of Section 646.9. While DUI is not technically excluded from eligibility, judges are under immense pressure not to grant diversion in drunk driving cases.
Some of the most common misdemeanors that can be resolved through diversion are:
- Disorderly conduct or resisting arrest, PC 148(a)(1)
- Hit-and-run, VC 20002(a)
- Weapons charges, such as PC 25850
- Driving on a suspended license, VC14601
- Petty theft, PC 484
- Public intoxication, PC 647(f)
- Solicitation and prostitution, PC 647(b)
- Vandalism, PC 594
Not sure if your diversion is an option for you? The best thing you can do is speak to an experienced criminal law attorney from our firm about your defense options. We will make sure you understand all your options and are comfortable with the path forward.
We Will Pursue The Best Outcome Possible For You
At The Law Offices of Mark Deniz APLC, our focus always has been and always will be on achieving the best possible outcome for our clients. We employ a dual-track approach to misdemeanor cases – consisting of a diversion and proactive route – in order to ensure our client has every opportunity to emerge in the best possible position to have a bright future. You can get the ball rolling on your dual-track defense today by calling 858-429-9982 for a free initial consultation or by contacting the firm online.