Per California Penal Code section 1001.95, at the judge’s discretion, and over the objection of a prosecuting agency, a judge can offer diversion to a defendant on most but not all misdemeanor offenses. Judicial diversion cannot be offered to a defendant if the defendant has been accused of committing the following crimes:
- Any offense for which a defendant, if convicted, would be required to register pursuant to section 290;
- Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code; and
- A violation of Section 646.9.
Recently, at the San Fernando Courthouse in Los Angeles County, attorney Karin Khachatorian represented a client who was accused of driving a vehicle involved in an accident resulting in property damage and who did not immediately stop the vehicle at the scene of the accident, otherwise known as a “Hit and Run” (a violation of Vehicle Code section 20002). After investigating further into the matter, the attorney was able to obtain medical documentation proving that the client suffered from seizures and she was able to persuade the judge to grant judicial diversion despite the gravity of this particular hit and run, which included resisting arrest.
This is another fantastic result.