Will I be eligible for a diversion program? 11 Answers as of August 12, 2011

I was arrested for obstructing a police officer and public intoxication last weekend. I was reacting to my friend being taken out of a bar and arrested for no-apparent reason. I only questioned the officer, asking why my friend was being arrested and stating that he had done nothing wrong. I was arrested and the officer told me I was interfering, even though I never physically or intentionally did anything. Also, I wasn't drunk to the point that warranted the second charge of public intoxication. I only had 3 or 4 drinks and was dancing inside just before I went outside to see what was going on. If these charges go to court will I be eligible for a diversion program in California? I don't have any priors besides a minor in possession infraction from 7 years ago.

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The English Law Firm
The English Law Firm | Robert English
Generally diversion programs are for drug offenses rather than alcohol offenses and also would not be available for a PC 148/obstruction charge. It is possible that the prosecuting agency (district attorney/city attorney) might have an internal diversion program but there is not a statutory one.
Answer Applies to: California
Replied: 8/12/2011
Grant & Grant
Grant & Grant | Richard L. Grant, Esq.
Best to consult and hire an experienced criminal attorney to determine if your case warrants a Dismissal Motion or Eligibility for a diversion program and /or PC 1000 sentencing Deferred Entry of Judgment and Dismissal. If I may be of further assistance, please contact myself.
Answer Applies to: California
Replied: 8/10/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
It's possible you will be eligible for some type of alternate/diversion sentence. You should have an attorney represent you to deal with this.
Answer Applies to: California
Replied: 8/9/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Most counties do not have a diversion program for resisting arrest. Some have one for drunk in public. You will need an attorney to negotiate such a possibility based on your description.
Answer Applies to: California
Replied: 8/9/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
It sounds like diversion is something that might be offered to you although this is a program usually reserved for drug charges. Better yet, plead not guilty and try for the infraction. Good luck.
Answer Applies to: California
Replied: 8/9/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    There are Diversion programs for drug charges, shoplifting, and domestic violence. You face criminal charges that have to be fought, plea bargained, or tried. What can you do? When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. The attorney will try to get a dismissal, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, there is no such thing as a diversion program for resisting arrest, which is the more serious of the 2 charges: PC 148(a). You better contact an attorney about representing you.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    If it was only public intoxication, you would probably earn a dismissal by attending a bunch of AA meetings. It is the obstruction charge that is more problematical. You need to retain an attorney and fight this. A charge like that on your record will make dealing with the police a big problem in the future. They will know about it.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    There are a couple of diversion type programs in the law - mostly for drug cases, but a non-traditional "diversion" or other alternative disposition can often be worked out. Having said that, a 148(a) charge doesn't get a lot of sympathy from the prosecutors who are often quick to take law enforcement's side. Focus on finding a good local criminal defense attorney that routinely practices in the court where your case will be heard. I'd suggest being proactive on this - start looking well before your court date. There may be things you and your attorney can do before the court date to get you in the best possible position for a good outcome.
    Answer Applies to: California
    Replied: 8/8/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to get a the charges dismissed by way of a diversion program. I would recommend contacting an attorney to speak about your case in more detail. This is a case that you should fight, on both charges.
    Answer Applies to: California
    Replied: 8/8/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    There is not a diversion program for your violations. However, your attorney may work out an informal type of diversion program with the prosecuting attorney.
    Answer Applies to: California
    Replied: 8/8/2011
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