DA-Level Case Resolution
Informal Diversion in Los Angeles — DA-Level Case Resolution
The Fastest Path to No Conviction
DA-negotiated. Fast. No formal court record.
Daniel S. RubinInformal Diversion Attorney
01 — Quick Facts
Informal Diversion — At a Glance
02 — What Is Informal Diversion
DA-Level Diversion, Explained
Informal diversion is a non-statutory agreement between defense counsel and the prosecutor to resolve a case without a formal prosecution. In exchange for the defendant completing an agreed program — counseling, restitution, community service, a class, or a treatment plan — the DA declines to file, moves to dismiss, or reduces the charge.
Because informal diversion happens at the DA's discretion, there is no motion, no hearing, and often no permanent court record of the underlying charge. It is the fastest path from arrest to no conviction.
03 — How Attorneys Negotiate It
How Rubin Law Negotiates Informal Diversion
- Identify eligibility as soon as we're retained — first-time offenders, low-loss property crimes, minor drug or alcohol cases, DV cases with mitigating context.
- Build a mitigation package — treatment enrollment, restitution funds, letters of support, mental-health evaluation.
- Present the package to the filing deputy or line prosecutor before arraignment.
- Negotiate the specific program — class, counseling course, community service hours.
- Confirm the disposition in writing and monitor compliance to dismissal or no-file.
04 — Typical Programs
Programs the DA Commonly Accepts
- Anti-theft classes and cognitive-restructuring courses.
- Anger management or DV batterer-intervention courses.
- Substance abuse assessment and counseling.
- Mental health counseling with a licensed provider.
- Community service hours through an approved agency.
- Restitution to the alleged victim.
05 — Prefile Overlap
Informal Diversion Is the Prefile Endgame
Informal diversion is the most common favorable outcome of a successful prefile intervention. When the DA agrees to hold a filing decision while the client completes a program, the result is often no filing at all — which functions as the strongest possible informal diversion.
06 — FAQs
Informal Diversion Questions — Los Angeles
What is informal diversion in California?
Informal diversion is a non-statutory agreement between defense counsel and the prosecutor to resolve a case through a program (counseling, class, community service, restitution) in exchange for a favorable outcome — no filing, dismissal, or reduced charge.
How does informal diversion work in LA County?
Defense counsel approaches the filing deputy or line prosecutor before or at arraignment with a mitigation package and a proposed program. If accepted, the DA holds or dismisses the case while the client completes the program.
Can I get informal diversion before arraignment?
Yes — the strongest informal diversion outcomes happen during the prefile window. Approaching the DA before charges are filed often produces a no-file result.
Is informal diversion available for felonies?
Rarely, but yes — for certain low-level felonies with strong mitigation, informal diversion can result in a misdemeanor filing or no filing. Serious and violent felonies typically require the statutory §1001.36 or §1001.80 vehicles.
How is informal diversion different from formal diversion?
Informal is DA-run, non-statutory, and often pre-filing. Formal is court-supervised under a statute like PC §1001.95 or PC §1001.36, with status hearings and a formal dismissal order.