Misdemeanor Judicial Diversion – PC 1001.95

Date this article was drafted by Attorney Philip Hache on January 20, 2021 1.  What is the Legislative Intent of PC 1001.95? The intent of Legislature with PC 1001.95 is to promote a global increase in diverted cases in order to be proactive and mitigate both an individual’s entry and reentry into the criminal justice...
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Removing a DMV point

Question: It is possible to remove DMV points already on my record with a class or course? I received a ticket and me not knowing anything about DMV points I ignored the traffic school. I now have a point on my DMV record and my insurance has spiked 20%. Is there anyway to remove the...
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Mental Health Diversion

Mental Health Diversion pursuant to PC 1001.36 is a fairly new statute that came into effect on January 1, 2020.  Mental Health Diversion is eligible for both Misdemeanors and Felonies, although there are certain specific offenses that are excluded from eligibility (ie. for example, murder, rape, and voluntary manslaughter are a few of the offenses...
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Teacher with Petty theft charge

Question: Can I loose my teaching credentials? I was charged with petty theft misdemeanor and I have been teaching for 22 years. I have no other criminal record and I am very concerned on how this may negatively affect my career. Thanks in advance for your time. Answer: To clarify, your case is still pending,...
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Restraining Order against my mother

Question: Would I be able to file a restraining order against my mother? My mom has physically and emotionally abused me my entire life. I moved out over year ago to get away from her. She hasn’t since physically abused me, but she still attempts to contact me even after I blocked her number. When...
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Speeding 99mph

Question: Hello, I was caught near the Mojave area speeding at 99mph in the 65 mph speed limit zone. What should a 1st time ticker receiver do? I was clocked at 99. I have had a perfect driving record for almost 5 years now and this is my first ticket. I am a 24-year-old female...
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