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What does "DIVERSION HEARING RE: DISMISSAL" mean? also what does "VACATED" under the disposition category mean?

Riverside, CA |
Filed under: Criminal charges

My Fiance is currently incarcerated serving a 3 year sentence but is on a warrant hold in a different county for HS 11350(A) Felony. His release date is in 3 months. He sent a 1381 to the country his warrant hold is in and I just looked up his case info online and it says they received his 1381. It also says he now has an action date for his case of 4/21/14 that states "diversion hearing RE: dismissal" under the category. Then it says disposition: Vacated. what does this mean? Is his charge getting dismissed and dropped for that county? Or that he doesn't need to be transferred up there to settle his case? If so, will he have to do anything else?

Also, since they set an action date, because of his 1381, does this mean that it is being served? Is there going to be any record of his charges or are they going to be dropped completely?

Attorney Answers 3

  1. It means that he was given PC1000 "diversion" in the the case. If he had successfully completed diversion, the case would have been dismissed on 4/21. He fell out of diversion and went out to warrant, so the 4/21 date was vacated. He still needs to address the case, because he pled guilty to a felony and now needs to be sentenced.

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.

  2. It sounds like the hearing will not be held regarding the diversion program he was on. He needs to get a lawyer to deal with this.

  3. The language you presented sounds like he is going to have a diversion hearing. Get an attorney.


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