Tooby's California Post-Conviction Relief for Immigrants

Individual counties, with the approval of the district attorney,[24] are authorized to establish pre-plea diversion programs for persons charged with misdemeanors.[25]  If the client is charged with a misdemeanor, or the prosecution can be persuaded to reduce a felony to a misdemeanor without entry of a plea, local county rules should be checked to determine whether a local county misdemeanor pretrial diversion program is available to benefit the client.

            Similarly, Alternate Dispute Resolution (ADR) is available to be established by prosecutors for cases that would be charged as misdemeanors, requiring the consent of both the victim and the perpetrator.[26]

[24] See Davis v. Municipal Court (1988) 46 Cal.App.3d 64, 249 Cal.Rptr. 300.

[25] Penal Code § § 1001‑1001.9, 1001.50‑1001.55.

[26] Penal Code § § 14150-14156. See C.E.B., California Criminal Law Procedure and Practice § 9.15 (2008).