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Should I consider diversion?

San Diego, CA |

If you were acting in self defense in a domestic violence case, should you consider going into a pretrial diversion program before the state releases their discovery? The allege victim is also not cooperating with the state.

Attorney Answers 7

  1. You should be discussing this with your attorney, as your attorney will know all the facts of your case and the possibilities of winning at trial or getting the case dismissed.

  2. There are many different types of diversion throughout the state. This person should speak to their lawyer about the various options. For example, some courts want you to plead guilty and wait up to one year. All while doing some type of anger management classes to get a dismissal.

    On the other hand, other courts might dismissed the case in as soon as 6 months and not require a plea or any classes.

    Obviously, there is a major difference between the two. A guilty plea in diversion is deportable if the person is not a citizen - even if they are here legally.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

  3. From what you say, probably not. But there are questions ending answers. First, did anyone else see what wappened?

  4. I would need to know more about your case to answer your question.

  5. If you want to eliminate the risk of getting convicted at trial, maybe. Definitely something you want to speak to your criminal defense attorney about and not post case specific facts on such public forums.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

  6. Although this is a matter of professional and personal opinion I always recommend these to my clients unless I am able to get them something more lenient.

  7. There is a reason that every game is played and every race is run, even when one team or competitor is favored to win. You need a lawyer before you act, particularly if you are thinking that you have valid defenses.

    When I respond to a question posted on Avvo, I provide information for a general purpose. In reviewing my answer, you are specifically warned that your use of, or reliance upon any response that I provide would be a bad idea. I do not have all relevant background or facts related to your matter, and am not in a position to give you legal advice. Further, your review, use of, or reliance upon any response by me does not establish an attorney-client relationship between us and does not qualify as a legal consultation for any purpose.

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