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Criminal

Mar. 11, 2022

Mental health diversion provides for pretrial resolution of serious felony cases

Given its broad scope and promise of a complete dismissal of charges upon completion of a treatment program, effective defense counsel should explore diversion under Penal Code Section 1001.36.

Dmitry Gorin

Partner
Eisner Gorin LLP

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Alan Eisner

Partner
Eisner Gorin LLP

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Robert Hill

Associate
Eisner Gorin LLP

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Beginning January 1, 2020, criminal defendants in California superior courts have been able to apply for mental health diversion under new Penal Code Section 1001.36. This form of pretrial diversion is notable for several reasons. First, it is a form of pre-plea diversion, meaning the defendant does not have to enter a guilty or no contest plea prior to be...

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