Stop the Case Before Trial
Pre-Trial Diversion in Los Angeles — Stop the Case Before Trial
Earlier Filing = Higher Approval
Pre-trial. Pre-conviction. Pre-record.
Daniel S. RubinPre-Trial Diversion Attorney
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01 — Quick Facts
Pre-Trial Diversion — At a Glance
02 — What Is Pre-Trial Diversion
Diversion Before the Case Moves to Trial
Pre-trial diversion is any diversion entered before trial — often before or at arraignment. Criminal proceedings are suspended while the defendant completes a program. Unlike post-conviction programs (probation, expungement), pre-trial diversion prevents a conviction from being entered at all.
The California statutes that authorize pre-trial diversion — PC §1001.36 (mental health), §1001.95 (judicial misdemeanor), §1001.80 (veterans), and §1000 (drug possession) — all share the same structure: no guilty plea, suspended proceedings, program completion, and dismissal.
03 — When to File
How Early Can Diversion Be Requested
The strongest pre-trial diversion outcomes happen at the earliest stages — during the prefile window, at arraignment, or immediately after. Filing a §1001.36 or §1001.95 motion before the DA has fully committed to a prosecution strategy dramatically increases the probability of approval.
04 — Programs Available
Pre-Trial Diversion Programs in LA County
- Mental health treatment programs (individual, group, medication management).
- Substance-use counseling and DEJ under §1000.
- Veterans Court services coordinated with the VA.
- Anti-theft, anger management, and DV batterer-intervention courses.
- Community service and restitution programs.
- Educational and vocational programs (in specialized calendars).
05 — Prefile Overlap
Prefile Intervention Is the Ultimate Pre-Trial Strategy
The earliest form of pre-trial diversion is prefile intervention — resolving the case before it is filed at all. When successful, prefile intervention functions as the strongest possible pre-trial diversion: no case, no record, no ongoing court supervision.
06 — FAQs
Pre-Trial Diversion Questions — Los Angeles
What is pre-trial diversion in California?
Pre-trial diversion is any diversion entered before trial. Criminal proceedings are suspended while the defendant completes a program. On completion, the case is dismissed — no plea, no conviction, no permanent record.
How early in the case can I get diversion?
Diversion can be requested at any stage before trial. The strongest results come from early filings — during the prefile window or at arraignment — when the DA has not yet fully committed to a prosecution strategy.
Is pre-trial diversion available for felonies?
Yes. PC §1001.36 mental health diversion and PC §1001.80 veterans diversion both reach many felonies. Certain drug felonies also qualify under PC §1000.
What programs are available for pre-trial diversion in LA?
Mental health treatment, substance-use counseling, veterans-court services, anti-theft and anger-management classes, community service, restitution, and specialty-court programs are all available depending on the vehicle.
Can the DA offer pre-trial diversion without the judge's involvement?
Yes — DA-level informal diversion is entirely at the prosecutor's discretion and does not require a court motion. It often produces the fastest resolution when it applies.