Parent Diversion – SB 394
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By
J. Patrick Carey, Esq
A diversion program is described simply as the opportunity for a criminal defendant to have his/her case dismissed IF the defendant completes all ordered components of the program. The pre-existing laws which allowed criminals to participate in a pretrial diversion program included those with prior military service and those suffering from a mental health or drug addiction issue. Now, however, with Senate Bill 349, the courts will include diversion for parents/primary caregivers of children under the age of 18.
Those who qualify for the program must be facing misdemeanor charges and/or nonviolent/nonserious felony charges (also known as non-strike offenses). Depending on the nature of their charge, the participant will be required to perform satisfactorily in parenting classes, anger management, drug/alcohol counseling, and/or mental health treatment, among other conditions.
To see if you qualify for this program, contact our office today to discuss with Certified Criminal Law Specialist Pat Carey.