Skip to main content

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

Riverside, CA |

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?

+ Read More

Attorney answers 3

Posted

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.

Asker

Posted

But the case is regarding the dismissal. We don't know if the case has been dismissed yet since the action date is not for another week (4/21/14). Doesn't vacated mean that the judge over-turned the verdict or erased or voided?

Asker

Posted

Also, wouldn't a dismissal hearing be to dismiss the charges?

Jeffrey George Moore

Jeffrey George Moore

Posted

No. You're not getting it. They set the dismissal date when he signed up for diversion in anticipation of him actually succeeding on diversion. When he tanked it (presumably because he went to the joint) they "vacated" that date because it is no longer relevant. That date is no longer on the court's calendar. That's what "vacated" means in this case.

Asker

Posted

Oh i see, thank you! So now they have 90 days to bring to riverside from san diego because of his 1381. how will we know when his 1381 is going to be brought to court, will this information be online? His release date is 4/21/14 which is a little over 90 days. Could his sentence now count as credit for his riverside sentence, in which case he does not serve any time in riverside at all? is this likely? Or is he most likely going to get more time added to his sentence? He is currently serving a 3 year sentence with half time and credit for time served which comes to a total of 11 months.

Posted

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.

Asker

Posted

case number is SWF1201711 for riverside county

Posted

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

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY