If you or a loved one have been charged with a crime or arrested, call Los Angeles burglary attorney Chris Bou Saeed at (213) 800-8005 to discuss your case details or visit our website here:
https://thecbslaw.com
Free consultations
CBS Law Inc.
633 W. 5th Street, 26th Floor
Los Angeles, CA 90071
213-800-8005
https://thecbslaw.com/
Transcript:
Hi, I'm Chris Bou Saeed, Los Angeles diversion attorney. Welcome to CBS Law, where we deliver results, not promises. Let's talk about diversion. First, I'll talk about what diversion means. Second, I'll talk about the various kinds of diversion available. And third, I'll go over some common sense measures you can take if you find yourself being investigated or charged with a crime in the state of California. First, what is diversion? Think of diversion as the judge pressing a giant pause button on your case for a prescribed period of time. And if over that period of time you abide by and complete various terms and conditions of your diversion and obey all laws, at the end of the diversionary period, you could have all of the charges against you dismissed and your arrest record sealed. Let's talk about the various kinds of diversion available. First, military or veterans diversion. Who's eligible for it? Well, first, active duty service members or veterans. Second, what's the eligibility criteria? Well, first, that that active duty service member or veteran has a legitimate mental health diagnosis, and second, that that mental health diagnosis is connected to their service for the United States military. That's it. Well, how do we go about effectuating military diversion? Well, first we're going to get a forensic psychologist. And that forensic psychologist is going to first review your military and mental health records. Second, review the evidence in the criminal case. And third, evaluate you regarding the eligibility criteria, your family history, your social history, your mental health history, your military history. And then finally, that forensic psychologist is going to write a report. What we then do is take that report and incorporate it into a motion as an exhibit. And the purpose of the motion is to persuade the judge that it is in the interest of justice that you receive the benefit of military diversion. Now, military diversion can be for up to 24 months. And if the judge grants military diversion, he or she is going to lay out certain conditions or terms that you have to complete. And if you complete those terms and abide by those conditions, all of the charges against you will be dismissed and your arrest record sealed. Now, let's talk about mental health diversion. The benefit of mental health diversion is if you're able to successfully complete it, all of the charges against you will be dismissed and your arrest record sealed. Let's talk about the eligibility criteria for mental health diversion. First, that the person has a legitimate mental health diagnosis. Second, that that diagnosis is treatable. Third, that the person is amendable to receiving treatment. Fourth, that that underlying mental health diagnosis played a part or a significant part in the commission of the alleged offense. Next, that if the person were to receive mental health treatment in the community, that they don't present a substantial risk of committing an extremely serious crime. And finally, that the person consents to receiving the benefits of mental health diversion. Now, how do we at CBS Law effectuate mental health diversion? Well, first we're going to gather all of your mental health records or if they don't exist, whatever records do exist that tend to show that you may have a mental health diagnosis. Now, even if there are no records that show that you have a mental health diagnosis, regardless, we're going to appoint or retain an expert witness who will be a forensic psychologist. That forensic psychologist is going to evaluate any records that we do have. They're also going to evaluate you. They're going to go over the evidence in your case. They're going to go over your family history, your social history, your mental health history, and then they're going to write a report. We then take the forensic psychologist's report and incorporate it as an exhibit to a motion that we file with the judge. The purpose of the motion is to persuade the judge that not only are you eligible for mental health diversion, but you're suitable for it. In other words, that it would be in the interest of justice for you to receive mental health diversion. If the charges against you are a misdemeanor, the terms or term of mental health diversion is going to be for 12 months. If you're charged with a felony, the term of mental health diversion can be for up to 24 months. If you are able to successfully complete the obligations and abide by the terms or conditions of mental health diversion, including obey all laws, at the end of the diversionary period, all of the charges against
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