Dismissals and Reduced Charges

Nobody’s perfect. We all use bad judgment sometimes, and we all have bad days. It’s humbling to see how many good people’s bad judgment on a bad day winds up with a police interaction and a referral for criminal charges.

First off, just don’t do it. Don’t do donuts in the parking lot. Don’t shoplift even that one cool little thing. Leave before the situation elevates to a confrontation. Say no to drugs, especially when they are from someone you don’t know and especially in public. If something seems like a bad idea, it probably is. If something seems too good to be true, it probably is. And really, really, really, don’t drink and drive.

But still – we all have bad judgment sometimes, and we all have bad days. And even if your day started OK, it’s a pretty bad day overall if you find yourself in jail, or in handcuffs, or with a citation to appear in court. Sometimes, the prosecution gets it wrong, and you can flat out beat the case. But often, if you’re arrested or charged with a crime, it’s because you used bad judgment on a bad day and did something wrong.

Usually, the best first step is to own what you did. For most people, that’s pretty easy – if you have a conscience, you understand when you did wrong and you understand when you need to do better. Take early, relevant action. If your trouble stemmed from drinking, look into counseling or self-help meetings. If it stemmed from anger, get into anger management. If you stole something, take a theft education class. Keep an open mind, you might get a lot out of these programs. Whether or not you grow personally, the very act of doing something shows some understanding and contrition, and it will give good lawyer tools to help you achieve a great result starting very early in your case.

Fortunately, California law often allows for a second chance – the opportunity to earn a dismissal of even a charged criminal case. If you have a good, experienced lawyer on your side and you are willing to put in some work, you may basically have the chance for a mulligan. Any way of getting a case dismissed is tied for the best way. And there are lots of ways.

There are a few provisions in the Penal Code that allow for diversion – a variety of programs that allow you to delay your case to provide time for you to do work, perform community service, and/or take classes; if you complete the requirements and stay out of trouble for the prescribed period, your case gets dismissed. Most first-time drug offenders are eligible for drug diversion – take a class, stay out of trouble for a year, and get the case dismissed. Under a new law, even repeat drug offenders have a much more involved diversion program available. For most non-drug misdemeanors, the defense is allowed to move for, and a judge can order, diversion under any reasonable conditions if it’s in the interest of justice. Veterans and active-duty service members, and in some cases first responders, also have additional opportunities for diversion programs that create support networks for them and others with similar life experiences.

Perhaps the most revolutionary scheme is mental health diversion. For all but the most serious crimes, if the commission of the crime is due at least in part to a mental health condition, a person is eligible to have their case dismissed after court supervised treatment for a period of up to two years for a felony and one year for a misdemeanor. The law gives a strong preference for offenders who suffer from mental health conditions to receive diversion if they are amenable to undergoing the treatment. Mental health diversion takes a lot of work and commitment, but it is a great opportunity to get a fresh start.

Another scheme that may result in dismissal is deferred entry of judgment. This is a negotiated resolution with the prosecution that often requires a guilty plea, but if you complete some combination of requirements similar to diversion requirements and stay out of trouble, the case gets dismissed. In most cases – with some exceptions, mostly for non-citizens, which can be addressed on a case-by-case basis – there are no adverse long-term consequences so long as you complete the requirements.

The opportunity for a do-over is there for isolated mistakes in many cases. Even in cases that may not qualify – for example, if you have a prior record that might exclude you, or you commit certain ineligible offenses such as a DUI – doing the work early, and the work of a good lawyer to present the work you do, can give you major benefits in your case. Do the work and get a good lawyer, and even if you can’t get the case dismissed, you may see reduced consequences including felonies reduced to misdemeanors, or potential jail or prison time getting lowered or coming off the table entirely.

Sam Berns has helped dozens of clients earn dismissals, and countless more to achieve reduced charges and extremely favorable outcomes. He has taught continuing legal education classes on topics including diversion and deferred entry of judgment as well as plea bargaining, and he recently co-taught a seminar on mental health diversion for the Sacramento Valley Psychological Association. If you have a criminal case, contact the Law Office of Samuel D. Berns – top law office in Rocklin four years running.