Misdemeanor Diversion Advisements {SC-3106}

SC-3106 - MISDEMEANOR DIVERSION ADVISEMENTS (PEN. CODE, § 1001.95). This form is used in the Superior Court of California, County of Santa Barbara, to inform and document a defendant’s agreement to participate in a pretrial misdemeanor diversion program. This program allows eligible defendants to avoid a criminal conviction by completing court-ordered terms and conditions without entering a plea of guilty or no contest. The form outlines key advisements that the defendant must understand and acknowledge, including the requirement to comply with the court’s conditions, the waiver of the right to a speedy trial, the understanding that they are pleading not guilty, and the possibility of case reinstatement if the defendant fails to comply with program terms or is arrested for a new offense. Successful completion of the diversion program, which lasts no more than 24 months, can result in dismissal of the case and the underlying arrest being treated as if it never occurred—with limited exceptions such as disclosure during peace officer background checks. The defendant is also advised of the responsibility to pay restitution to any victims. By signing the form, the defendant affirms understanding and agreement with the program’s conditions, and if represented by an attorney or interpreter, their review and confirmation of the defendant’s understanding is also recorded. www.FormsWorkflow.com