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March 2015 Archives

New Criminal Diversion for Veterans with Misdemeanors

There is now a Criminal Diversion for Veterans charged with midemeanors.  Effective January 1, 2015, California Penal Code (PC) 1001.80 (also known as S.B. 1227) authorizes a defendant who was or is a member of the U.S. Military to take part in "pretrial diversion" on misdemeanors.  Successful completion results in dismissal without conviction if certain requirements are met. This pretrial diversion stops prosecution pending successful completion or termination of the diversion.  With a dismissal, the arrest is deemed to have never occurred and the individual can answer they were not arrested or diverted for the criminal offense (except for peace officer application)

What happens on a Domestic Violence charge at Arraignment?

Arraignment on domestic violence charges officially informs you of the charges that the District Attorney has filed against you, addresses bail, sets future court dates for negotiations and trial, and also results in a "protective order" for the victim.  If the victim is not present, the Court will automatically impose a protective order which is a temporary restraining order, that prevents any contact with the "victim" during the pendency of the proceedings.  If the "victim" is present, then he or she may address the Court and ask that there not be a "no contact" order" and the Judge could impose a less restrictive "no negative contact order" which allows contact but no harassing, threatening, or assaultive type behavior.

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