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Santa Cruz, CA criminal defense attorney misdemeanor

On January 1, 2021, California Penal Code section 1001.95 became effective. Referred to as “misdemeanor diversion,” this new law allows a judge to grant diversion to a defendant even over the prosecutor’s objection. It is called a diversion because the criminal case is diverted from prosecution, and it reads as follows:

(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.

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