§ 7.30 3. Deferred Prosecution
For more text, click "Next Page>"
CAL POST CON - DIVERSION - NO-PLEA DOMESTIC VIOLENCE DIVERSION
No "admission of guilt" was required under this domestic violence no-plea diversion statute. Penal Code 1001.6(c). It was enacted by Stats. 1979, c. 913, p. 3141, 1, last amended by Stats. 1993, c. 221, 1, and repealed in 1995, repeal effective Jan. 1, 1996.
CONVICTION - PRETRIAL DIVERSION
Melendez v. Gonzales, __ F.3d __, 2007 WL 2713121 (9th Cir. Sept. 19, 2007) (a noncitizen may not obtain a Lujan expungement for immigration purposes on a second offense were the noncitizen has already been given "pretrial diversion" treatment on a prior offense, even though "pre-trial diversion" does not require the noncitizen to enter a plea of guilty to a controlled substances offense).
CONVICTION - NO-PLEA DIVERSION - CONNECTICUT
The Family Violence Education Program (FVEP) under Conn. Gen. Stat. 54-56e is a pre-trial diversionary program. When a defendant enters this program, s/he is not required to enter a guilty plea on the record. It is typically a one-year program where certain requirements must be met, including taking domestic violence classes, avoiding any other arrest, etc. It is not a conviction in Connecticut and should not be considered a conviction for immigration purposes as long as the program was successfully completed, since it does not meet the statutory requirements of a conviction under immigration law because no plea or admission was entered at any time. INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A).
CONVICTION - DEFINITION - KANSAS
"Diversion" under Kansas law is arguably not a conviction for immigration purposes because the process involves an agreement between the defendant and prosecutor, with no punishment or restriction imposed by a judge. Thanks to David Link