Legal Question in Criminal Law in California

Diversion program

My son was caught with drugs he was put on the drug diversion program. after that time he made a mistake. he got a dui we showed up in court and they had nothing filed against him. the judge ordered him to return in a month. His probation officer quit talking to him because he messed up. He didn't start the actual pc1000 class til after he graduated he only has 3 out of 10 classes left. we went to court today and they gave him back his original sentence(felony)he has not been in trouble since that time and he is almost finished with his pc1000 class. can they decide to keep him on the diversion program instead of the prop 36 where he will always have the felony on his record?


Asked on 8/02/05, 1:28 pm

1 Answer from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Diversion program

If I understand your question correctly, you are asking if they can take him off diversion and place him on Prop 36. Yes, they can if he failed the diversion program. If he successfully completes Prop 36 then his case should be dismissed and he will no longer have a felony conviction. As I'm sure you know, the important thing is to complete the program because more and more employers are doing background checks these days. I hope that answers your question. If not, please feel free to ask again.

Good luck,

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Answered on 8/02/05, 2:26 pm


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